Patna High Court
Ramashish SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court held that the petitioner must first file a fresh representation detailing the encroachers, after which the Circle Officer shall commence proceedings under Section 3 of the Bihar Public Land Encroachment Act, 1956.
Summary
Ramashish Singh filed a writ petition seeking the removal of encroachments on public land along the Chet Pandey River in Sasaram, Rohtas, and compliance with a municipal commissioner’s directive. The petitioner alleged that despite multiple representations, the authorities had not acted to clear the illegal constructions obstructing a public road. The High Court observed that the appropriate remedy lies under the Bihar Public Land Encroachment Act, 1956, and directed the petitioner to file a fresh, detailed representation identifying the encroachers. Upon such filing, the Circle Officer is to initiate proceedings under Section 3 of the Act, give notice, and pass orders to restore the land to an encroachment‑free state within the statutory time‑frame. The Court disposed of the writ petition with these procedural directions.
Issues considered
- What procedural steps must the petitioner take before the authorities can initiate removal of encroachment under the Bihar Public Land Encroachment Act, 1956?
- Whether the Court can direct the authorities to act directly without a fresh representation from the petitioner.
Legislation cited
Subjects
- encroachment
- public land
- Bihar Public Land Encroachment Act
- writ petition
- administrative law
- removal of encroachment
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6067 of 2025
======================================================
Ramashish Singh son of Late Bandhu Singh, resident of Mohallah -
Fazalganj, Gali No.2, Ward No.09, P.O. and P.S. - Sasaram, District - Rohtas
(Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through the Principle Secretary, Revenue and Land
Reforms, Government of Bihar, Patna.
2. The Collector, Rohtas at Sasaram.
3. The Sub Divisional Officer, Sasaram, District - Rohtas.
4. The Circle Officer, Sasaram, District - Rohtas.
5. The Municipal Commissioner, Municipal Corporation, Sasaram, District -
Rohtas.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek, Advocate
For the State : Mr. Standing Counsel (25)
For the Respondent/s : Mr. Bajrangi Lal, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 23-03-2026 Heard learned counsel for the petitioner and learned
counsel for the Respondent-State.
2. The instant writ application has been filed for the
following relief(s):-
A. For directing the Respondent Authorities
to take proper steps, as provided under the law, for
removal of encroachment made over the public
land which is flank of River namely Chet Pandey
River situated at Sasaram Town within the District
Rohtas for which several representations /
applications have been filed by the Petitioner.
B. For directing the Circle Officer to comply
the direction given by the Municipal Commissioner,
Municipal Corporation, Sasaram by his Letter
Patna High Court CWJC No.6067 of 2025(2) dt.23-03-2026
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No.2343 dated 22.07.2023 by which the Circle
Officer, Sasaram was requested to take steps for
removal of encroachment made over the public
land which is Canal / River and its flank existing
since the British Rule.
C. For directing the Respondent Authorities
to take decision on the Representation filed by the
Petitioner before the Respondent Authorities for
redressal of the grievances of the Petitioner with
respect encroachment over the public land.
D. For grant of any other relief or reliefs as
your Lordships may found entitled too.
3. The petitioner is directed to file a fresh
representation with regard to the encroachment, in question,
giving full details of the persons who have made construction
over the land and creating obstruction over the public road by
blocking the same.
4. It is expected that once such an application for
removal of the encroachment is filed by the petitioner, then the
Circle Officer, Sasaram, will initiate the appropriate proceeding
under Section 3 of the Bihar Public Land Encroachment Act,
1956 and, after giving notice to all concerned, necessary orders
shall be passed, adjudicating the issues, in question, and once it
is found that the land, in question, is a public land and the same
has been encroached by the private persons, the same shall be
made encroachment free within the time so allowed under the
statute.
Patna High Court CWJC No.6067 of 2025(2) dt.23-03-2026
3/3
5. It is expected that the entire exercise shall be
carried out and concluded within the time stipulated under the
Act from the date of initiation of proceeding under Section 3 of
the Bihar Public Land Encroachment Act, 1956.
6. With the aforesaid observation and direction, the
writ petition stands disposed of.
(Ajit Kumar, J)
sharun/-
U
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