Patna High Court
Millia Educational TrustversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
Holding
The Letters Patent Appeal is dismissed; the Single Judge’s order directing the District Magistrate to ensure removal of the encroachment stands.
Summary
The Millia Educational Trust filed a writ petition seeking a mandamus directing the removal of an alleged illegal encroachment by Respondent No.13 on Bihar Government land and restoration of a road. The Single Judge noted that an earlier order dated 13‑03‑2013 in favour of the petitioner required the District Magistrate to ensure removal of any remaining encroachment and directed compliance. The appellant argued that no counter‑affidavit was filed on behalf of Respondent No.13 and questioned the legality of the order. The High Court examined the submissions, found no perversity or illegality in the Single Judge’s reasoning, and held that the order was justified. Consequently, the Letters Patent Appeal was dismissed, leaving the original order intact.
Issues considered
- Whether the Single Judge’s order directing removal of the encroachment is perverse, illegal or otherwise liable to be set aside.
- Whether the appellant is entitled to a writ of mandamus for the removal of the alleged encroachment.
- Whether the absence of a counter‑affidavit from Respondent No.13 defeats the validity of the order.
Subjects
- mandamus
- land encroachment
- writ jurisdiction
- letters patent appeal
- district magistrate
- government land
- procedural deficiency
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.816 of 2025
In
Civil Writ Jurisdiction Case No.20032 of 2013
======================================================
Millia Educational Trust Rambag Purnea through its Director namely Dr. Md.
Asad Imam, Male, Aged about 71 years, Son of Late Md. Atique, Resident of
Nayatola, Line Bazar, Post Office and Police Station- Khazanchi Hat, District
and Town- Purnea.
... ... Appellant/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary (Home), Government of Bihar, Patna.
3. The Director General of Police, Government of Bihar, Patna.
4. The Commissioner, Purnea Commissionary, Purnea.
5. The Deputy Inspector General of Police, Purnea.
6. The District Magistrate, Purnea.
7. The Superintendent of Police, Purnea.
8. The Additional District Magistrate, Purnea.
9. The Deputy Superintendent of Police (Head Quarter), Purnea.
10. The Sub-Divisional Officer, Sadar, Purnea.
11. The Circle Officer / Anchaladhikari, Purnea East, Purnea.
12. The Officer-in-Charge, Police Station Sadar, Purnea.
13. Akhilesh Kumar Jha, Son of Shri Indra Kumar Jha, Resident of Village and
Post Office- Dibra, Police Station- Barhara Kothi, District- Purnea, presently
residing at Navratan Hata, Police Station- Khajanchi Hat, District- Purnea.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Abdul Abbas, Advocate
For the Respondent/s : Mr. Sanjay Kumar Ghosarvey, A.C. to A.A.G.-3
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 01-04-2026
This Letters Patent Appeal has been preferred by the
Millia Educational Trust, challenging the order dated
09.07.2025 passed by the learned Single Judge in C.W.J.C. No.
Patna High Court L.P.A No.816 of 2025 dt.01-04-2026
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20032 of 2013.
2. The aforesaid writ petition was filed seeking the
following reliefs:-
"(i) For issuance of a Writ in the nature
of Writ of Mandamus, commanding/directing the
respondents to take a final decision and to pass an
effective Order according to law against the
Respondent No.13, with immediate effect and
discharge his duty to remove the illegal
encroachment made by the Respondent No. 13 and
to restore the possession upon the Bihar
Government Land along with the required Road
bearing Khata No. 444 and Khesra No. 676 which
Road is used by the petitioner and other similarly
situated persons, to go out and to come in, from his
Raiyati lands bearing Khata No. 215 and Khesra
No. 675 to Purnea Municipal Road bearing Khata
No. 444 and Khesra No. 682, where that Road is
crossing through the said Bihar Government land
and connects to petitioner's Raiyati land to Purnea
Municipal Road as well as for the same grievances
by the concerned authorities required proper
measurement has already been done and enquiry
has also been made time to time and it is found
true and accordingly reports to this effect has also,
already been submitted before the concerned
respondents, which is evident from the records of
measurement case (Abhilekh) 24/11-12,
Encroachment Case No. 3/12-13 and Purnea S.C.
Patna High Court L.P.A No.816 of 2025 dt.01-04-2026
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and S.T. Police Station Case No. 3/2013 itself and
further be pleased to direct the concerned
respondents to give proper legal protection to the
life and property of the petitioner and his family
members after considering the above said reports,
without any further delay and accordingly the
petitioner be allowed to use his Raiyaty lands and
lead his life freely and fairly without any fear and
pressure.
(ii) And/or pass such other
Order/Orders, Writ/Writs as your Lordships may
think fit and proper."
3. It appears that, after the filing of the writ petition, a
supplementary affidavit was filed. Thereafter, a counter affidavit
was filed on behalf of Respondent Nos. 6 to 11. Subsequently, a
reply to the supplementary affidavit was filed on behalf of
Respondent Nos. 6 to 11, and a rejoinder/reply to the counter
affidavit as well as to the supplementary affidavit was also filed.
4. When the matter was taken up on 09.07.2025, it
was submitted that the main prayer of the petitioner was for
removal of the alleged illegal encroachment made by
Respondent No. 13 and for restoration of possession of the
Bihar Government land, along with the road appertaining to
Khata No. 444 and Khesra No. 676. At that stage, learned
Patna High Court L.P.A No.816 of 2025 dt.01-04-2026
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counsel appearing for the respondents submitted that the
encroachment in question had already been removed.
5. In view of the aforesaid submissions, the learned
Single Judge passed the following order:
"5. There is no dispute between the
parties that the order dated 13.03.2013 passed by
the SDO, Sadar, Purnea is in favour of the
petitioner and as per the same the grievance of the
petitioner has to be addressed.
6. The learned District Magistrate,
Purnea is directed to ensure that the order dated
13.03.2013 passed in Land Encroachment Case
No. 03 of 2012-13 is carried out and if there is still
any encroachment left to be removed then the same
should be removed as soon as possible."
6. Learned counsel for the appellant submitted that no
counter affidavit could be filed on behalf of Respondent No. 13.
However, taking regard to the nature of the relief sought in the
writ petition, as well as the submission made by learned counsel
for the Respondents that the encroachment in question has
already been removed, the matter was considered accordingly.
7. Upon due consideration, we find that the impugned
order passed by the learned Single Judge is well-reasoned and
justified. No perversity or illegality is found in the said order so
Patna High Court L.P.A No.816 of 2025 dt.01-04-2026
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as to justify interference by this Court in the present Letters
Patent Appeal.
8. Accordingly, the Letters Patent Appeal stands
dismissed.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
Neha/-
AFR/NAFR
CAV DATE
Uploading Date 02.04.2026
Transmission Date
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