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Patna High Court

Lalu SahaniversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted liberty to the petitioner to agitate the matter and disposed of the writ petition.

Summary

Lalu Sahani filed a writ petition seeking a court order directing the State authorities to remove an alleged illegal encroachment on his land (Khata No. 174, Kheshra No. 676) by private respondent Shambhoo Sahani and to take legal action against the encroacher. The respondents included the State of Bihar, the District Magistrate, Sub‑Divisional Officer, Circle Officer, and the police officer in charge of the area. The State filed a counter‑affidavit, after which the petitioner’s counsel requested liberty to further agitate the matter. Justice Rajiv Roy granted the petitioner liberty to pursue the issue and consequently disposed of the writ petition. No substantive discussion on the merits of the encroachment claim was recorded in the order.

Issues considered

  • Whether the court can direct the State authorities to remove an alleged illegal encroachment on private land.
  • Whether the petitioner is entitled to liberty to agitate the matter and seek further relief against the private respondent.

Subjects

  • land encroachment
  • civil writ jurisdiction
  • property rights
  • illegal occupation
  • state liability

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.5894 of 2024
                 ======================================================
                 Lalu Sahani Son of Late Ram Khelawan Sahani Resident of Village-
                 Lohbandra, Police Station-Gaighat, District-Muzaffarpur.

                                                                      ... ... Petitioner/s
                                                Versus
           1.    The State of Bihar represented through the Principal Secretary, Land
                 Reforms Department, New Secretariat, Patna.
           2.    The District Magistrate, Muzaffarpur.
           3.    The Sub Divisional Officer, Muzaffarpur.
           4.    The Circle Officer, Gaighat, District-Muzaffarpur.
           5.    The Officer In-Charge, Gaighat Police Station, District-Muzaffarpur.
           6.    Shambhoo Sahani Son of Late Biraji Sahani Resident of Vilalge-Lohbandra,
                 Police Station-Gaighat, District-Muzaffarpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :          Mr. Binod Kumar Singh, Advocate
                 For the State            :          Mr. Abbas Haider, SC-6
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   27-04-2026                     Heard Mr. Binod Kumar Singh, learned counsel for

                   the petitioner and learned counsel representing the State.

                                 2. The present petition has been preferred for the

                   grant of following relief(s):

                                              “for    a   direction    to   the    Respondents

                                        authorities to remove the encroachment from

                                        Khata No. 174, Kheshra No. 676, Thana No.

                                        261, area 0.11 Decimal situated at Village -

                                        Lohbandra, Police Station Gaighat, Block

                                        Gaighat within District Muzaffarpur which has
            Patna High Court CWJC No.5894 of 2024(2) dt.27-04-2026
                                                        2/2




                                         illegally encroached by private respondent no. 6

                                         and further for a direction to the State authority

                                         to take legal step against the private respondent

                                         no. 6 who have illegally acquired the land of the

                                         petitioner and construct the pucca house upon

                                         the    aforesaid      land.   And   for   any   other

                                         order/orders on the facts and circumstances

                                         stated in this case.”


                                  3. A counter affidavit has come on behalf of the

                      respondent nos. 2 to 4 and after going through paragraph no.7 of

                      the affidavit, learned counsel for the petitioner prays for that

                      liberty be granted to agitate the matter, if so required.

                                  4. Granting said liberty, the writ petition stands

                      disposed of.



                                                    (Rajiv Roy, J)
vinayak/-

U


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