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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
                                                          5/5




                      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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