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Patna High Court

Hari YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court held that the appropriate remedy is for the petitioner to approach the Circle Officer under the Bihar Land Encroachment Act, 1956, and therefore the writ application was disposed without ordering immediate removal.

Summary

The petitioner, Hari Yadav, filed a writ seeking removal of alleged encroachment on a public irrigation canal by private respondents who were constructing a PCC road after filling the canal with soil. He also requested that the Circle Officer, Bodh Gaya, be directed to conduct an inquiry under the Bihar Land Encroachment Act, 1956, and stay the construction pending the outcome. The State argued that any inquiry should be initiated under Section 3 of the Act and that, if encroachment is proven, appropriate orders for removal should follow. The Court examined its jurisdiction and concluded that the proper remedy lies with the administrative authority rather than a direct court order. Accordingly, the Court directed the petitioner to file a fresh application before the Circle Officer with supporting documents within two weeks, and the Circle Officer was instructed to inspect the land and, if necessary, commence proceedings within three weeks. The writ application was therefore disposed of without any immediate order for removal.

Issues considered

  • Whether the High Court can directly order the removal of encroachment on public land through a writ of mandamus.
  • Whether the petitioner must approach the Circle Officer under the Bihar Land Encroachment Act, 1956 for an inquiry.
  • Whether the Court can direct the Circle Officer to conduct inspection, issue notice, and conclude proceedings within a specified time.

Subjects

  • encroachment
  • public land
  • irrigation canal
  • civil writ jurisdiction
  • Bihar Land Encroachment Act
  • administrative inquiry
  • removal of encroachment

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.585 of 2025
                 ======================================================
                 Hari Yadav Son of Late Phagu Yadav, Resident of Village- Aura, Police
                 Station- Magadh University, District- Gaya.

                                                                          ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Secretary, Department of Land Reforms and
                 Revenue, Government of Bihar, Patna.
           2.    The Divisional Commissioner, Magadh Pramandal, Gaya.
           3.    The District Magistrate, Gaya.
           4.    The Sub-Divisional Officer, Sadar, Gaya.
           5.    The Block Development Officer, Dobhi, Gaya.
           6.    The Circle Officer, Bodh-Gaya, Gaya.
           7.    The Executive Engineer, Local Area Engineering Organization, Work
                 Pramandal No.2, Sherghati, Gaya.
           8.    Manoj Kumar Agrawal Son of Ramchandar Prasad, K.P. Line, Near
                 Mahadev Mandir, Post office- Kotwali, Police Station- Kotwali, District-
                 Gaya.
           9.    Shiv Kumar Agrawal Son of Shekhan Prasad Agrawal, Purani Godam, Gaya,
                 Police Station- Gaya Town, District- Gaya.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Sanjay Kumar
                 For the Respondent/s   :      Government Pleader (10)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   17-03-2026                    Heard learned counsel for the parties.

                               2. The instant writ application has been filed for the

                   following reliefs:-

                                              (i) For giving a direction to remove the
                                  encroachment from the public land in the name of
                                  irrigation department, Government of Bihar which
                                  is a governmental canal and used by the public of
                                  Dobhi Block, Gaya. The private respondent nos. 8
                                  and 9 are constructing the PCC Road over the land
                                  after filling soil in the canal for their personal use.
Patna High Court CWJC No.585 of 2025(2) dt.17-03-2026
                                            2/3




                                     (ii) for directing the respondent no.6 to
                          make enquiry in the matter at the earliest and pass
                          necessary order in accordance with law so that
                          encroachment from public land may be removed
                          and stay the construction of PCC Road from
                          Annapurna Rice Mill, aura to South of house of
                          Mohatar Mian from legislator fund during the
                          pendency of the present writ.
                                     (iii) For any other relief for which the
                          petitioner is found entitled to in the eye of law.


                      3. Learned counsel for the petitioner submits that the

          private respondents are encroaching upon public land by filling

          soil in the canal for their personal use. It is further submitted

          that an application has been filed before the Circle Officer,

          Bodh Gaya, seeking an inquiry in accordance with the

          procedure prescribed under the Bihar Land Encroachment Act,

          1956, and that a proceeding is stated to have been initiated.

                      4. Learned counsel for the State submits that if such

          an application has been filed, the Circle Officer, Bodh Gaya

          may be directed to initiate appropriate proceedings under

          Section 3 of the Bihar Land Encroachment Act, 1956. It is

          further submitted that the proceedings so initiated shall be taken

          to their logical conclusion after issuing notice to the alleged

          encroachers and as also other concerned, and in the event the

          encroachment over public land is established, necessary orders

          shall be passed for removal of the same.
           Patna High Court CWJC No.585 of 2025(2) dt.17-03-2026
                                                       3/3




                                 5. Considering the submissions of the parties, this

                     Court deems it appropriate to direct the petitioner to file a fresh

                     application before the Circle Officer, Bodh Gaya, along with all

                     supporting materials, within a period of two weeks from today.

                     Upon receipt of such application, the Circle Officer, Bodh Gaya

                     shall take appropriate steps, including personal inspection of the

                     land in question or through its revenue officials. If the

                     allegations are found to be true and encroachment is established,

                     appropriate      proceedings        shall     be   initiated   against   the

                     encroachers in accordance with law. The authority shall, after

                     issuing notice to the concerned parties, conclude the

                     proceedings, preferably within a period of three weeks from the

                     date of filing of the application.

                                 6. With the aforesaid observations and directions, the

                     instant writ application stands disposed of.



                                                                   (Ajit Kumar, J)
shikha/-

U


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