Patna High Court
Santosh Kumar Yadav @ Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The petition is dismissed as the matter is already pending before the Circle Officer and can be dealt with in that proceeding.
Summary
Santosh Kumar Yadav filed a writ petition seeking a court order to remove illegal encroachments along a municipal road in Purnia and to initiate disciplinary action against officials who failed to enforce a standing order. The respondents, including the State of Bihar and various officials, argued that a separate land encroachment proceeding (Case No. 07/2025-26) had already been initiated, notices issued to 87 encroachers, and a hearing scheduled. The Circle Officer submitted a counter‑affidavit stating that the pending proceeding would address the petitioner’s grievance. The High Court examined whether a writ was necessary when the matter was already before a competent authority. Concluding that the existing proceeding sufficed, the Court disposed of the writ petition, allowing the petitioner to continue pursuing the separate case. No specific statutes or precedents were cited.
Issues considered
- Whether the High Court should issue a writ directing removal of encroachments when a land encroachment proceeding is already pending.
- Whether disciplinary and legal proceedings against officials should be ordered in the present writ petition.
Subjects
- encroachment
- public interest litigation
- writ petition
- municipal road
- disciplinary action
- land encroachment proceeding
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6197 of 2025
======================================================
Santosh Kumar Yadav @ Santosh Kumar, Son of Late- Ajay Kumar, Resident
of Near Court Station, Purnia, P.S- K.Hat, District- Purnia, Bihar-854301.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Urban Development and Housing Department, Government of Bihar,
through its Principal Secretary.
3. The District Magistrate, Purnia, Bihar.
4. The Municipal Commissioner, Municipal Corporation, Purnia, Bihar.
5. The Circle Officer, Purnia East, Purnia, Bihar.
6. The Executive Engineer, Purnia Division, Bihar Urban Infrastructure
Development Corporation Limited, Purnia, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Nikhil, Advocate
For the State : Mr. P. K. Shahi, Advocate General
For the Corporation : Mr. Prince Kumar Mishra, Advocate
Mr. Sanjiv Kumar, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 20-02-2026
This writ petition has been filed by the petitioner
Santosh Kumar Yadav @ Santosh Kumar seeking following
reliefs:
“(I) For issuing an appropriate
writ, order, or direction to the respondents to
forthwith remove all encroachments alongside
the municipal road from Janta Chowk to Thana
Chowk via Koratwahi, in compliance with
Patna High Court CWJC No.6197 of 2025 dt.20-02-2026
2/3
Standing Order dated 08.02.2021, issued by the
Municipal Commissioner, Municipal
Corporation, Purnia, directing the Circle
Officer, Purnia East, for the removal of illegal
encroachments from government land.
(П) For issuing an appropriate writ,
order, or direction directing the initiation of
disciplinary and legal proceedings against
officials responsible for failing to implement
standing orders and notices, thereby causing
loss to public resources.”
2. Counter affidavit has been filed on behalf of
respondent no.5 by one Sanjeev Kumar, Circle Officer, Purnea
East, Purnea wherein it is stated as follows:
“9. That it is respectfully submitted
that in view of the aforesaid report, a Land
Encroachment Proceeding has been initiated
vide Land Encroachment Case No. 07/2025-26
and notices have been issued to all the
encroachers (87 in number) on 04.12.2025 and
the next date of hearing has been fixed on
18.12.2025. The matter is pending before the
Circle Officer, Purnea East, Purnea.”
3. Since the Land Encroachment Proceeding has
already been initiated, the petitioner’s grievance can be taken
care of in such proceeding. Therefore, there is no need to pass
any further order in this Public Interest Litigation and
Patna High Court CWJC No.6197 of 2025 dt.20-02-2026
3/3
accordingly, the same stands disposed of.
4. However, the petitioner is at liberty to pursue the
Land Encroachment Proceeding.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
uday/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 21.02.2026
Transmission Date NA
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