Patna High Court
Gauri Shankar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court directed the petitioner to approach the Collector with a fresh petition and disposed of the writ petition.
Summary
Petitioner Gauri Shankar Singh alleged that a road was constructed on his land in Mauza‑Sahatha without any acquisition order, constituting an encroachment. He sought a writ directing the removal of the encroachment and other reliefs. The High Court had earlier ordered the respondents to file an affidavit, which was not complied with, and the petitioner requested an adjournment. The Court declined to grant further adjournment and instead directed the petitioner to file a fresh petition before the Collector of Vaishali within four weeks, who would hear all parties and decide the matter. Accordingly, the writ petition was disposed of.
Issues considered
- What relief, if any, can be granted by the High Court for removal of an alleged encroachment on land where no formal acquisition order exists?
- Whether the petitioner should first approach the revenue authority (Collector) before seeking judicial relief.
Subjects
- encroachment
- land dispute
- road construction
- acquisition order
- writ petition
- procedural direction
- collector
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.646 of 2026
======================================================
Gauri Shankar Singh Son of Late Murli Manohar Singh, Resident of Village-
Sahatha, P.S.- Bhagawanpur, District- Vaishali.
... ... Petitioner/s
Versus
1. The State of Bihar through Additional Chief Secretary, Revenue and Land
Reform Department, Old Secretariat, Patna.
2. District Magistrate, Vaishali.
3. Superintendent of Police, Vaishali.
4. Circle Officer, Bhagawanpur, District- Vaishali.
5. Officer Incharge, Bhagawanpur Police Station, District- Vaishali.
6. Ram Ballam Shahi, Son of Late Ambika Shahi, Resident of Village-
Sahatha, P.S.- Bhagawanpur, District- Vaishali.
7. Ram Sevak Shahi, Son of Ram Ballam Shahi, Resident of Village- Sahatha,
P.S.- Bhagawanpur, District- Vaishali.
8. Ram Kumar Shahi, Son of Ram Ballam Shahi, Resident of Village- Sahatha,
P.S.- Bhagawanpur, District- Vaishali.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pratap Sharma, Advocate
For the Respondent/s : Mr. Government Pleader (17)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 04-05-2026 Heard the parties.
2. The present petition has been preferred for the
following relief(s):
"for removal of encroachment to the
petitioner's land of Mauza-Sahatha bearing 1976
Khata No.287, Khesra No.2711 total area 3 kattha
which has been encroached by respondents by
constructing the Road on petitioner's land without
Patna High Court CWJC No.646 of 2026(3) dt.04-05-2026
2/2
any acquisition order of State Government and for
other necessary relief/reliefs on the basis of facts
and circumstances of the case."
3. Earlier, this Court directed the respondents to file
affidavit on 20.01.2026.
4. Today, on call, again prayer for adjournment is
being made.
5. This Court has two options: either to allow
adjournment after imposing cost upon the respondents and/or in
alternative, to direct the petitioner to approach the Collector,
Vaishali (respondent no. 2) alongwith the fresh petition. This
Court goes for the second option.
6. Let the petitioner prefer an appropriate petition
before the Collector, Vaishali in next four weeks who shall be
noticing/hearing all the parties, shall be taking the matter to its
logical conclusion at an earliest.
7. With the aforesaid observation, the writ petition
stands disposed of.
(Rajiv Roy, J)
Adnan/-
U
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