Patna High Court
Anil KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court directed the petitioner to file a fresh representation and ordered the Circle Officer to initiate proceedings under Section 3 of the Bihar Public Land Encroachment Act, 1956, thereby disposing of the writ petition.
Summary
Anil Kumar filed a writ petition seeking a mandamus directing the State and local officials to initiate action under the Bihar Public Land Encroachment Act, 1956 to remove encroachments made by respondents No.6 and No.7 on public land (Khat No.77, Khesra No.4616) obstructing a road. The Court directed the petitioner to file a fresh representation detailing the encroachers, after which the Circle Officer, Sangrampur, should commence proceedings under Section 3 of the Act, give notice, and pass orders to declare the land encroachment‑free within the statutory time limit. The Court ordered that the entire process be completed as per the Act’s timeline and disposed of the writ petition.
Issues considered
- Whether a writ of mandamus can be issued to compel initiation of proceedings under the Bihar Public Land Encroachment Act, 1956.
- Whether the petitioner must first file a fresh representation before the authorities can act.
Legislation cited
Subjects
- public land
- encroachment
- mandamus
- writ petition
- Bihar Public Land Encroachment Act
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8170 of 2025
======================================================
Anil Kumar son of Keshawlal Prasad, Resident of village- Sangrampur, P.S.-
Sangrampur, District-East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Food and Consumer Protection
Department, Government of Bihar, Patna.
2. The Collector, East Champaran, Motihari.
3. The C.O., Sangrampur, Motihari.
4. The S.D.O. Areraj, Motihari.
5. The S.H.O. Sangrampur, Motihari.
6. Pasupati Nath Prasad, son of Late Bhaiya Ram Prasad, Resident of village-
Sangrampur, P.S.- Sangrampur, District-East Champaran.
7. Prameshwar Nath Prasad, son of Late Bhaiya Ram Prasad, Resident of
village- Sangrampur, P.S.- Sangrampur, District-East Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kundan Rathore@ Kundan Kumar, Adv.
For the Respondent/s : Standing Counsel (26)
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioner and learned
counsel for the Respondent-State.
2. The instant writ application has been filed for the
following relief(s):-
“(i) That this is an application for
issuance of an appropriate w and other writs
in the nature of mandamus commanding t
respondents to initiate the proceeding
against respondent No. to 7 under the Bihar
Patna High Court CWJC No.8170 of 2025(2) dt.08-04-2026
2/3
Public Land Encroachment Act, 1956 ar
after hearing the parties an appropriate
order removing th encroachment made over
public land being used as Public Lar /Road
and he want to build a road on the public
land, br respondent No. 6 to 7 have
encroached the land which is Khat No. 77
and Khesra No. 4616”.
3. 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
over the land and creating obstruction over the public road by
blocking the same.
4. It is expected that once such an application for
removal of the encroachment is filed by the petitioner, then the
Circle Officer, Sangrampur, Motihari 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
Patna High Court CWJC No.8170 of 2025(2) dt.08-04-2026
3/3
within the time so allowed under the statute.
5. 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.
6. With the aforesaid observation and direction, the
writ petition stands disposed of.
(Ajit Kumar, J)
perwez
U
Checking your session…