Patna High Court
Haresh SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
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
Checking your session…