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Patna High Court

Haresh SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the Circle Officer must conclude the pending encroachment proceedings within six months and the writ petition is disposed.

Summary

Petitioner Haresh Singh filed a writ petition seeking the removal of an encroachment on a public road by respondent Shiv Nath Yadav and direction to the authorities to protect the road from further encroachments. The State of Bihar and other officials contended that a notice under Section 3 of the Bihar Public Land Encroachment Act, 1956 had already been issued and proceedings (Encroachment Case No.01 of 2025‑26) were underway. The Court examined whether it could order the Circle Officer to expedite the pending proceedings. It directed the Circle Officer, Anchal Nautan, to conclude the case within six months, issue notice to all concerned, and pass a final order in accordance with law. Accordingly, the writ petition was disposed with the said direction.

Issues considered

  • Whether the Court can direct the administrative authority to conclude pending encroachment proceedings within a specified time
  • Whether the petitioner is entitled to a writ directing removal of the encroachment on the public road

Legislation cited

Subjects

  • encroachment
  • public road
  • Bihar Public Land Encroachment Act
  • writ jurisdiction
  • administrative direction
  • removal of encroachment

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.799 of 2025
                 ======================================================
                 Haresh Singh Son of Vikarama Singh, Resident of Village- Mangalpur Kala,
                 P.S.- Nautan, District- West Champarna.

                                                                            ... ... Petitioner/s

                                                   Versus

           1.    The State of Bihar through the Principal Secretary Revenue and Land
                 Reforms Department, Government of Bihar, Patna.
           2.    The District Magistrate, West Champaran, at Bettiah.
           3.    The Circle Officer, Circe Nautan, District- West Champaran, Bettiah.
           4.    The Officer-in-charge, Police Station Nautan, District West Champaran at
                 Bettiah.
           5.    Shiv Nath Yadav, Son of Latye Chokar Yadav, Resident of Village
                 Mangalpur, Gudaria Ward No. 05, P.S. Nautn District- West Champaran at
                 Bettiah.

                                                                          ... ... Respondent/s

                 ======================================================
                 Appearance :
                 For the Petitioner/s    :     Mr.Jainendra Kumar Pushkar, Advocate
                 For the Respondent/s    :     Mr. Dhurjati Kumar Prasad, G.P.-14.
                 For respondent NO.5     :     Mr. Gauri Shankar Thakur, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

3   03-04-2026                  Heard the parties.

                               2. The petitioner has prayed for grant of following

                   relief :-

                                        (i) For issuance of an appropriate writ/
                          writs/order/orders/ direction/ directions/ directing
                          and commending the respondent to remove the
                          encroachment from the Public Road (Gair Mazura
                          aam Land) (Annx-1) Measuring 10 dhur land
                          encroached by Respondent no. 5, on the land bearing
                          Khata no 145, 124, Plot 169 and 75, Mauza
Patna High Court CWJC No.799 of 2025(3) dt.03-04-2026
                                            2/3




                 Manglalpur, Gudaria, Anchal Nautan, District West
                 Champaran.
                              (ii) For issuance of an appropriate writ/
                 writs     order/orders       directing   and   Respondents
                 commanding to initiate encroachment to proceeding
                 against the encroachment made by Respondent no. 5
                 Encroached on Public Road and there after protect
                 the Public Road from the encroachments.
                              (iii) For any other relief reliefs of which
                 the petitioner is legally entitled to.


                      3. Learned counsel for the petitioner submits that the

          application has already been filed for removal of encroachment

          against which the Circle Officer, Anchal Nautan, Distt. West

          Champaran may be directed to conclude the proceedings by

          fixing the time-frame.

                      4. Counsel for the State submits submits that the

          proceedings have already been initiated being encroachment

          Case No.01 of 2025-26 and notice under Section 3 of Bihar

          Public Land Encroachment Act, 1956 has already been issued.

                      5. Considering the submissions of the parties, this

          Court direct the Circle Office, Anchal Nautan, Distt. West

          Champaran           that the entire proceeding in relation to

          Encroachment Case No.01 of 2025-26, to be concluded within

          the period of six months by issuing notice to all concerned and
            Patna High Court CWJC No.799 of 2025(3) dt.03-04-2026
                                                        3/3




                      after hearing to all necessary parties in the aforementioned

                      Encroachment Case, final order shall be passed in accordance

                      with law within time so allowed and proceeding shall be

                      brought to its logical conclusion.

                                  6. Accordingly, this writ petition is disposed of with

                      the aforesaid observation and direction.




                                                                    (Ajit Kumar, J)
sanjeev/-

U


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