Patna High Court
Arbind SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
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
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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
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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
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