Patna High Court

Ramesh OjhaversusThe State of Bihar

Decided: 16 January 2026
Disposal: DISPOSED
Bench: ANIL KUMAR SINHA

Holding

The High Court allowed the withdrawal of the writ petition and directed the Municipal Commissioner to decide the matter after hearing the parties.

Summary

The petitioners, members of the Ojha family, filed a writ petition in the Patna High Court under the Bihar Public Land Encroachment Act alleging that private respondents Shyam Jee Ojha and Ajay Ojha had encroached upon a municipal road in Sasaram, Rohtas. The Municipal Corporation informed the Court that a separate encroachment proceeding (Case No. 02 of 2025) was already pending against the same respondents. The petitioners sought the Court's permission to withdraw the writ and pursue the matter before the Municipal Commissioner as per law. The Court granted the request, directing the Municipal Commissioner to hear the parties and decide the issue within a reasonable time. Consequently, the writ petition was disposed of as withdrawn with liberty to approach the municipal authority.

Issues considered

Whether a writ petition under the Bihar Public Land Encroachment Act may be withdrawn in favour of parallel administrative proceedings.
Whether the High Court can direct the Municipal Commissioner to adjudicate the encroachment dispute.

Subjects

writ jurisdiction
land encroachment
municipal road
withdrawal of petition
Bihar Public Land Encroachment Act
administrative law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.7140 of 2025

                 ======================================================
           1.     Ramesh Ojha Late Gupteshwar Ojha Resident of Mohalla - Gaurakashni,
                  Near Railway Gumti Gajrah, Sasaram, Police Station- Sasaram, (T), District
                  - Rohtas.
           2.    Shailendra Kumar Ojha Son of Gupteshwar Ojha Resident of Mohalla -
                 Gaurakashni, Near Railway Gumti Gajrah, Sasaram, Police Station-
                 Sasaram, (T), District - Rohtas.
           3.    Santosh Kumar Ojha Son of Rajendra Ojha Resident of Mohalla -
                 Gaurakashni, Near Railway Gumti Gajrah, Sasaram, Police Station-
                 Sasaram, (T), District - Rohtas.

                                                                            ... ... Petitioner/s
                                                   Versus

           1.    The State of Bihar through its Principal Secretary, Department of Revenue
                 and Land Reforms, Government of Bihar, Patna.
           2.    The District Magistrate, Rohtas at Sasaram.
           3.    The Sub Divisional Officer, Sasaram, Rohtas.
           4.    The Municipal Commissioner, Sasaram, Nagar Nigam, Rohtas.
           5.    The Circle Officer, Sasaram, Rohtas.
           6.    Shyam Jee Ojha Son of Ram Krishna Ojha Resident of Mohalla -
                 Gaurakashni, Near Railway Gumti Gajrah, Sasaram, Police Station-
                 Sasaram, (T), District - Rohtas.
           7.    Ajay Ojha Son of Ram Krishna Ojha Resident of Mohalla - Gaurakashni,
                 Near Railway Gumti Gajrah, Sasaram, Police Station- Sasaram, (T), District
                 - Rohtas.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr. Sanjay Kumar Tiwary
                 For the Respondent/s   :     Mr. Government Pleader (13)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   16-01-2026         1. Heard learned counsel for the parties concerned.

                       2.   The petitioners have filed the present writ application for

                            initiating proceeding against the private-respondent nos. 6

                            and 7 under Bihar Public Land Encroachment Act
Patna High Court CWJC No.7140 of 2025(2) dt.16-01-2026
                                            2/3




                   inasmuch as the respondent nos. 6 and 7 have encroached

                   upon the Municipal Road having Khata No. 24, Plot No.

                   1500, Mauza – Gaurakshni, Thana No. 126, Mohalla –

                   Guraksani, near Railway Gumti, Sasaram, Rohtas.

              3. Learned counsel for the Municipal Corporation, Sasaram,

                   Rohtas, submits that encroachment proceeding has

                   already been initiated on the application of the petitioner

                   against    the    respondent          nos.   6   and   7,   bearing

                   Encroachment Case No. 02 of 2025, in which the

                   respondents have already appeared.

              4. Considering the submission advanced by learned counsel

                   for the Municipal Corporation, Sasaram, Rohtas, learned

                   counsel for the petitioners seek permission to withdraw

                   this application with liberty to pursue the matter before

                   the Municipal Commissioner, Sasaram Rohtas, in

                   accordance with law.

              5. Permission is accorded.

              6. The Municipal Commissioner, Sasaram, Rohtas, is

                   directed to decide the issue between the parties after

                   giving opportunity of hearing to the persons concerned

                   within a reasonable time frame.

              7.   This writ application is, accordingly, disposed as
            Patna High Court CWJC No.7140 of 2025(2) dt.16-01-2026
                                                        3/3




                              withdraw with aforesaid liberty and direction.



                                               (Anil Kumar Sinha, J)
ashwani/-

U

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