Patna High Court
Lalu SahaniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
Checking your session…