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Patna High Court

Arbind SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court directed the petitioner to file a fresh representation and allowed the administrative machinery to proceed under Section 3 of the Bihar Public Land Encroachment Act, 1956, thereby disposing of the writ petition.

Summary

Arbind Singh filed a writ petition seeking the removal of encroachments on a parcel of Gair Mazura aam land (Khata No. 08, Plot No. 1286) allegedly made by respondents No. 6‑10. He requested the court to issue writs directing the respondents to vacate the land and to restore a public road obstructed by the encroachments. The court held that the petitioner must first file a fresh representation detailing the encroachers and the obstruction caused. Upon such filing, the Circle Officer is to initiate proceedings under Section 3 of the Bihar Public Land Encroachment Act, 1956, give notice, and pass appropriate orders if the land is confirmed as public. The court directed that the entire process be completed within the statutory time limit and disposed of the writ petition without granting the relief sought.

Issues considered

  • What relief, if any, can be granted by a writ court for removal of encroachments on public land?
  • Whether the petitioner must first approach the administrative authority before the court can intervene?
  • Applicability of Section 3 of the Bihar Public Land Encroachment Act, 1956 to the present dispute.

Legislation cited

Subjects

  • encroachment
  • public land
  • writ petition
  • Bihar Public Land Encroachment Act
  • administrative law
  • civil writ jurisdiction
  • removal of encroachment

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.801 of 2025
                 ======================================================
                 Arbind Singh Son of Late Gopalji Singh, Resident of Village- Mangalpur,
                 Gudaria Ward No. 08, P.S.- Nautan, District- West Champaran. ... 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.    That Sub- Divisional Officer, Sadar, Bettiah, West Champaran.
           4.    The Circle Officer, Circle Nautan, District- West Champaran, Bettiah.
           5.    The Officer-in-Charge, Police Station Nautan, District West Champaran at
                 Bettiah.
           6.    Anil Singh, Son of Late Nageshwar Singh, resident of Village Mangalpur,
                 Gudaria Ward No. 05, P.S. Nautan District- West Champaran at Bettiah.
           7.    Sunil Singh, Son of Late Gorakh Singh, resident of Village Mangalpur,
                 Gudaria Ward No. 05, P.S. Nautan District- West Champaran at Bettiah.
           8.    Vinay Singh, Son of Late Madho Singh, resident of Village Mangalpur,
                 Gudaria Ward No. 05, P.S. Nautan District- West Champaran at Bettiah.
           9.    Ajay Singh, Son of Late Shivjee Singh, resident of Village Mangalpur,
                 Gudaria Ward No. 05, P.S. Nautan District- West Champaran at Bettiah.
           10. Jitendra Singh, Son of Late Shivjee Singh, resident of Village Mangalpur,
                Gudaria Ward No. 05, P.S. Nautan District- West Champaran at Bettiah.
                                                                      ... ... Respondent/s
               ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Jainendra Kumar Pushkar, Adv.
                 For the Respondent/s   :      Standing Counsel (4)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   18-03-2026                   Heard learned counsel for the petitioner and learned

                   counsel for the Respondent-State.

                               2. Learned counsel for the petitioner is permitted to

                   make necessary corrections in paragraph-1 of the writ petition.

                               3. The instant writ application has been filed for the

                   following relief(s):-

                                                    “(i)     For     issuance      of     an
Patna High Court CWJC No.801 of 2025(2) dt.18-03-2026
                                            2/3




                                  appropriate            writ/    writs/order/orders/

                                  direction/       directions/         directing      and

                                  commending the respondent to remove the

                                  encroachment (Gair Mazura aam Land)

                                  (Annx-1) encroached by Respondent no. 6 to

                                  10, on the land bearing Khata no 08, Plot

                                  No 1286, Mauza Mangalpur, Gudaria, area

                                  30 dhur land Anchal Nautan, District West

                                  Champaran.

                                               (ii) For issuance of an appropriate

                                  writ/    writs        order/orders    directing     and

                                  commanding             Respondents       to      initiate

                                  encroachment            proceeding      against      the

                                  encroachment Respondent no. 6 to 10 and

                                  their after removal of encroachment from the

                                  land in question protest Public Road from

                                  the encroachments.

                                               (iii) For any other relief/ reliefs of

                                  which the petition is legally entitled to”.

                      4.      The petitioner is directed to file a fresh

          representation with regard to the encroachment, in question,

          giving full details of the persons who have made construction
             Patna High Court CWJC No.801 of 2025(2) dt.18-03-2026
                                                         3/3




                       over the land and creating obstruction over the public road by

                       blocking the same.

                                   5. It is expected that once such an application for

                       removal of the encroachment is filed by the petitioner, then the

                       Circle Officer, Circle Nautan, West Champaran, Bettiah will

                       initiate the appropriate proceeding under Section 3 of the Bihar

                       Public Land Encroachment Act, 1956 and, after giving notice to

                       all concerned, necessary orders shall be passed, adjudicating the

                       issues, in question, and once it is found that the land, in

                       question, is a public land and the same has been encroached by

                       the private persons, the same shall be made encroachment free

                       within the time so allowed under the statute.

                                   6.    It is expected that the entire exercise shall be

                       carried out and concluded within the time stipulated under the

                       Act from the date of initiation of proceeding under Section 3 of

                       the Bihar Public Land Encroachment Act, 1956.

                                   7. With the aforesaid observation and direction, the

                       writ petition stands disposed of.



                                                    (Ajit Kumar, J)
    perwez

U


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