Patna High Court
Hari YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
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
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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
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(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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