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Patna High Court

Ramashish SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                            2/3




                           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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