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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
                                                       3/3




                     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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