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Patna High Court

Anil KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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
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                                  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


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