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Patna High Court

Gauri Shankar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

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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