Patna High Court
Bhup Narayan SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RANA VIKRAM SINGH
Holding
The court held that the boundary wall is an illegal encroachment and ordered its removal within three months.
Summary
The petitioner, Bhup Narayan Singh, claimed ownership of raiyati land (Khata No. 36, Plot No. 1101) purchased in 1980 and alleged that the headmaster of Babu Nandan Singh Jagdish Rai High School had illegally constructed a boundary wall on that land. He approached various district authorities, including the Sub‑Divisional Magistrate, Circle Officer, and Deputy Collector of Land Reforms, but received no remedial action. The petitioner filed a writ petition seeking a direction to remove the encroachment. The court examined the sale deed, measurement report and other annexures, finding that the land unquestionably belonged to the petitioner and that the school had no authority to encroach. Consequently, the court directed the District Magistrate‑Collector and the Deputy Collector of Land Reforms to remove the wall within three months, warning of legal consequences for non‑compliance. The writ application was disposed in favour of the petitioner.
Issues considered
- Whether the boundary wall constructed by the school headmaster constitutes illegal encroachment on the petitioner's raiyati land.
- Whether the district authorities are obligated to remove the encroachment under the writ jurisdiction.
Legislation cited
- Criminal Procedure Code — s. 144
Subjects
- encroachment
- raiayati land
- boundary wall
- writ petition
- civil writ jurisdiction
- land ownership
- district magistrate
- removal of encroachment
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9388 of 2026
======================================================
Bhup Narayan Singh Son of Ram Govind Singh, Resident of village Inarva Phulavar,
Chiraia, Police Station- Chiraia, District- East Champaran at Motihari, (Bihar).
... ... 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, East Champaran at Motihari.
3. The District Education Officer, East Champaran at Motihari
4. The Deputy Collector of Land Reform, Sikarhana, Dhaka, District- East
Champaran at Motihari.
5. The Circle Officer, Bankatva Block, District East Champaran at Motihari.
6. The Headmaster, Babu Narayan Singh Jagdish Rai High School, Inarva Phulwara,
Block- Bankatva, District East Champaran at Motihari.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Tiwari, Advocate
For the Respondent/s : Mr. Prabhat Kumar, G.P. 06
Mr. Harish Kumar Goldie, A.C. to G.P. 6
======================================================
CORAM: HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
ORAL ORDER
2 03-07-2026 Heard learned counsel for the parties.
2. This writ application has been preferred for a direction
to respondents especially respondent no.6 to remove the
boundary wall constructed around the Babu Nandan Singh
Jagdish Rai High School, Inarva Phulwara, from the raiyati land
of the petitioner, appertaining to Khata No. 36, Plot No. 1101,
Mauza- Inarva Phulwara, Block- Bankatwa, District- East
Champaran.
3. Learned counsel for the petitioner submits that the
raiyati land of the petitioner has illegally been encroached upon
by the respondent no. 6 by constructing a boundary wall around
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the school. He further submits that petitioner has purchased this
piece of land, bearing Plot No. 1101, along with other plots,
under Khata No. 36, Mauja -Inarva Pulwara, Thana- Ghodasahan,
Block- Bankatwa, District- East Champaran through a registered
sale dated 26-11-1980 and since then the petitioner's family has
been coming over in peaceful and continuous possession over
the said piece of land.
4. Learned counsel for the petitioner also submits that
respondent No. 6, the Headmaster of Government School namely,
Babu Nandan Singh Jagdish Rai High School has got the
boundary wall constructed on the land which belongs to the
petitioner illegally without permission from the competent
authority or even without permission of the petitioner. The
aforesaid land has neither been acquired nor donated by the
petitioner to the school.
5. In these circumstances, petitioner approached the sub-
Divisional Magistrate, Sadar Motihari, for initiating a proceeding
under section 144 Cr.P.C., vide Miscellaneous Case No. 174 (M)
of 2025 and thereafter petitioner has also filed an application
before the Circle Officer, Bankatwa along with the copy of the
registered sale deed showing his right, title, possession and
ownership over the said piece of land for measurement of his
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land which was registered as land Measurement Case No.
50/2024-25. On the direction of the Circle Officer, Bankatwa,
the land was duly measured by the Circle Ameen in presence of
the concerned parties and thereafter, the Circle Ameen submitted
a report dated 17.07.2025, which indisputably shows that the land
on which the boundary wall of the said government school has
been constructed pertains to Khata No. 36, Plot No. 1101,
having an area of 1.2 katha belongs to the petitioner which is
evident from Annexure P-2 as appended to the writ application.
6. Thereafter, the petitioner approached the D.C.L.R.,
Sikrahana by filing application dated 19.08.2025 for removal of
the aforesaid encroachment in the form of illegally constructed
boundary wall and he also filed a representation before the
District Magistrate-cum-Collector, East Champaran at Motihari
for redressal of his grievances highlighting all the points
including the reports of Circle Officer, Circle Ameen etc.
showing his absolute right, title and possession over the said
piece of land which has illegally been encroached upon by the
Headmaster of the school by constructing boundary wall thereon.
7. At this stage, Mr. Prabhat Kumar, learned G.P.-6
representing the State submits that the document as appended to
the writ application does not dispute the title of the petitioner and
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it appears under misconception, the respondent no. 6 has got the
boundary wall constructed over the land without knowing the
actual state of affairs on the ground. He also supports that
petitioner has already approached the appropriate authorities in
the District so he may be given liberty to approach the same for
redressal of his grievances.
8. The documents brought on record and appended to the
writ application in the form of various annexures indisputably
show that the land, appertaining Khata No. 36, Plot No. 1101
exclusively belongs to the petitioner over which he has been
coming in peaceful and continuous possession since 1980 without
any interference from any of the authority, has illegally been
encroached by the respondent no. 6 without having any authority
to get the boundary wall constructed over the raiyati and private
land of the petitioner and that too without any due permission
from the District administration. It is also evident that neither the
aforesaid land has been acquired nor no objection Certificate has
been issued nor the petitioner has given any permission to the
respondent no. 6 in the form of donation to allow him to
construct such boundary wall over the said piece of the land.
9. Since the petitioner has already approached the D.C.L.R.
Sikrahana on 19.08.2025 by filing a complaint for removal of
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encroachment from his raiyati land which has illegally been
encroached by respondent no. 6 but the same has still not been
decided by the D.C.L.R., Sikranaha, Motihari. He has also filed
representation before the District Magistrate highlighting all
these facts and it seems that the same has fallen on deaf ears of
the Collector, East Champaran, Motihari, who did not pay any
heed to take any steps for removal of encroachment from the
petitioner’s land, thus compelled by the circumstances and in-
different approach of the district authorities, the petitioner had to
approach this Court under writ jurisdiction for redressal of his
grievances.
10. In this background, this Court is left with no option but
to issue a positive direction to the District Magistrate-cum-
Collector, East Champaran, Motihari as well as D.C.L.R.,
Sikrahana, Motihari to take all remedial measures to get the land
of the petitioner free from the illegal and unauthorized
encroachment done by the respondent no. 6, the Headmaster of
the government school, who has no authority and right to
encroach upon the raiyati land of the petitioner. This exercise of
removal of encroachment must be completed within three months
henceforth failing which serious legal consequences may entail
and both the respondents i.e. the District Magistrate-cum-
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Collector, East Champaran, Motihari and the D.C.L.R. Sikrahana
will have to face the legal consequences as their failure to act
diligently and promptly will amount to abdication of their legal
duty. The grievances of the petitioner must be redressed within
the aforesaid period.
11. Accordingly, this writ application is disposed off in
aforesaid terms.
12. Interlocutory application(s), if any, also stands
disposed off accordingly.
Saurabh.kr/ (Rana Vikram Singh, J)
Prakash-
U
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