Patna High Court
Ram Padarath PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The writ application is disposed of, with the Court directing that the water‑body encroachment has been remedied by cancellation of erroneous parchas and that any further claim over the remaining land must be pursued before the competent authority under Section 6 of the Bihar Public Land Encroachment Act, 1956.
Summary
The petitioner, Ram Padarath Paswan, filed a writ seeking removal of illegal encroachments on Gairmazarua Aaam public land, including a water body, and protection against further encroachment. The State of Bihar, represented by various officials, explained that title deeds (parchas) had been erroneously issued to homeless persons for the water body, but these were later cancelled and alternative land allotted. The Court observed that the error concerning the water body had been rectified and directed that the petitioner may approach the appropriate authority for the remaining land. It further instructed that any complaint regarding the remaining land be decided by the competent authority under Section 6 of the Bihar Public Land Encroachment Act, 1956 after a hearing. Accordingly, the writ application was disposed of without granting the specific relief sought.
Issues considered
- Whether the Court can order removal of encroachments on public land, including a water body, through a writ of mandamus.
- Whether the petitioner must approach the competent authority under the Bihar Public Land Encroachment Act, 1956 for relief concerning the remaining land.
Legislation cited
Subjects
- public land
- encroachment
- water body
- Bihar Public Land Encroachment Act, 1956
- writ jurisdiction
- illegal encroachment
- remedial order
- state liability
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6625 of 2025
======================================================
Ram Padarath Paswan S/o Late Parmeshwar Paswan, R/o village- Talaipur
Shivnandan Nagar, Sonsa, P.S.- Rahui, District- Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar through, the Chief Secretary, Government of Bihar,
Patna.
2. The Additional Chief Secretary, Department of Home, Government of Bihar,
India.
3. The Secretary, Water Resources Department, Government of Bihar, Patna.
4. The Divisional Commissioner, Patna.
5. The District Magistrate Nalanda.
6. The Sub-Divisional Officer, Biharsharif, Nalanda.
7. The Circle Officer, Rahul, Nalanda.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gayanand Roy, Advocate
Ms. Akanksha Malviya, Advocate
Ms. Naina Nancy, Advocate
Mr. Aryan Sinha, Advocate
For the State : Mr. P.K. Shahi, A.G.
Mr. Vikash Kumar, AC to AG
Mr. Anjani Kumar, AAG-4
Mr. Alok Kumar Rahi, AC to AAG-4
Mr. Shailendra Kr. Singh, AC to AAG-4
======================================================
CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
(Per: HONOURABLE THE ACTING CHIEF JUSTICE)
6 05-01-2026 Following is the relief sought for in the present writ
application:-
“i. For directing the Respondents for
removing the illegal encroachment from entire area
of Gairmazarua Aaam Land (Public Land)
pertaining to Khata No. 198 of Mauza - Sonsa,
Patna High Court CWJC No.6625 of 2025(6) dt.05-01-2026
2/3
Thana No. 16, Anchal Rahui, Sub - Division -
Biharharif, District Nalanda.
ii. For further issuance of writ or order
or direction upon the respondent to ensure due
protection of the said Gairmazarua Aaam Land
(Public Land) pertaining to Khata No. 198 of
Mauza Sonsa, Thana No. 16, Anchal Rahui, Sub
Division Biharharif, District Nalanda from
encroachment by anti-social, influential and local
residents in order to maintain the rich natural
reserve of water to meet the agricultural needs of
local villagers from several villages adjoining the
said pond;
iii. For further issuance of a direction
upon the respondents for taking necessary action
against all such encroachers in accordance with law
after their removal from the public land in question;
iv. For grant of any other relief or reliefs
which may be granted in the facts and
circumstances of this case.”
2. Considering the nature of the relief sought and the
contention made on behalf of the petitioner that certain illegal
encroachments have been made on public land, including a
water body situated within the said area, it is noted that, so far
as the water body is concerned, parchas were earlier issued to
the homeless persons due to an inadvertent error. Subsequently,
the State-respondents have rectified the said error by cancelling
the parchas issued in respect of the water body and have allotted
alternative land to the homeless persons by issuance of fresh
Patna High Court CWJC No.6625 of 2025(6) dt.05-01-2026
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parchas for their rehabilitation.
3. Insofar as the remaining land, other than the water
body in question, is concerned, the petitioner shall be at liberty
to approach the competent authority. In the event of any such
complaint being filed, the concerned authority shall pass a final
order in accordance with Section 6 of the Bihar Public Land
Encroachment Act, 1956, after affording due opportunity of
hearing to all concerned parties.
4. With the aforesaid observation and direction, the
present writ application stands disposed of.
5. Pending application(s), if any, shall also stand
disposed of.
(Sudhir Singh, ACJ)
(Rajesh Kumar Verma, J)
Sachin/-
U
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