Patna High Court

Bishnukant KaranversusThe State of Bihar

Decided: 25 February 2026
Disposal: DISPOSED
Bench: MOHIT KUMAR SHAH

Holding

The Court granted the petitioner liberty to challenge the order dated 16‑07‑2024 and disposed of the petition.

Summary

The petitioner, Bishnukant Karan, filed a writ petition challenging an order dated 16 July 2024 passed by the Circle Officer, Warisnagar, which dismissed encroachment proceedings as non‑maintainable. The petitioner sought liberty from the High Court to contest that order under any available legal remedy. The opposite parties contended that the order was issued in compliance with the Court’s earlier direction dated 2 July 2019 in CWJC No.13273 of 2019. The Court examined whether the petitioner could be granted such liberty and whether the petition remained maintainable. It held that the petitioner was entitled to liberty to challenge the order and consequently disposed of the petition.

Issues considered

Whether the petitioner is entitled to liberty to challenge the Circle Officer’s order dated 16‑07‑2024.
Whether the petition remains maintainable after the order was issued in compliance with the earlier Court direction.

Subjects

encroachment
civil writ jurisdiction
liberty to challenge
maintainability
Patna High Court

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Miscellaneous Jurisdiction Case No.1670 of 2023
                                          In
                    Civil Writ Jurisdiction Case No.13273 of 2019
     ======================================================
     Bishnukant Karan Son of Late Brajednra Kishore Das, Resident of villageand
     Post office- Chhatneshwar, P.S-Warisnagar, District-Samastipur.

                                                              ... ... Petitioner/s
                                      Versus

1.   The State of Bihar
2.   Mr. Chaitanya Prasad Name not known, The Principal Secretary Bihar
     Patna.
3.   Ms. Bandana Kinni, Name not known, The commissioner Tirhut Division,
     Darbhanga.
4.   Mr. Jitendra Singh Gangwar Not Known The .I.G.of Police Bihar Patna.
5.   Mr. Subhanshu Kumar Name Not Known The D.I.G. of Police Darbhanga.
6.   Mr. Yogendra Singh Name not known, The District Magistrate Samastipur,
     District-Samastipur.
7.   Mr. Birbal Das Name not known, The L.R.D.C. Samastipur, District-
     Samastipur.
8.   Mr. Vinay Tiwary, Name not known, The Senior Superintendent of Police
     Samastipur, District - Samastipur.
9.   Mr. Dilip Kumar Name not known The Sub divisional Magistrate
     Samastipur, District -Samastipur.
10. Mr. Ranjan Kumar Diwakar Name not known, The Circle officer,
    Warisnagar, District - Samastipur.
11. Mr. Santosh Kumar Name not known The Officer In-charge Warisnagar,
    Police station, District - Samastipur.
12. Kishori Mahto son of Late Gultan Mahto Resident of village and Post office
    - Chhatneshwar, P.S- Warisnagar, District - Samastipur.
13. Bablu Ram Son of Late Muneshwar Ram, Resident of village and Post office
    - Chhatneshwar, P.S- Warisnagar, District - Samastipur.
14. Ramrup Ram son of Late Arjun Mahto, Resident of village and Post office -
    Chhatneshwar, P.S- Warisnagar, District - Samastipur.
15. Urmila Devi wife of Late Muneshwar Ram, Resident of village and Post
    office - Chhatneshwar, P.S- Warisnagar, District - Samastipur.
16. Rambilash Ram son of Late Hira Ram, Resident of village and Post office -
    Chhatneshwar, P.S- Warisnagar, District - Samastipur.
17. Ranjeet Ram son of Rambilash Ram Resident of village and Post office -
    Chhatneshwar, P.S- Warisnagar, District - Samastipur.
18. Rambabu Ram son of Dasai Ram Resident of village and Post office -
    Chhatneshwar, P.S- Warisnagar, District - Samastipur.
         Patna High Court MJC No.1670 of 2023(3) dt.25-02-2026
                                                     2/3




           19. Dhanraj Ram son of Dasai Ram Resident of village and Post office -
               Chhatneshwar, P.S- Warisnagar, District - Samastipur.
           20. Raja Ram Son of Late Ram Dayal Ram Resident of village and Post office -
               Chhatneshwar, P.S- Warisnagar, District - Samastipur.
           21. Ram Punit Ram Son of Late Ram Lakhan Ram Resident of village and Post
               office - Chhatneshwar, P.S- Warisnagar, District - Samastipur.
           22. Dinesh Ram Son of late Ram Lakhan Ram, Resident of village and Post
               office - Chhatneshwar, P.S- Warisnagar, District - Samastipur.
           23. Arun Ram Son of Late Munno Ram, Resident of village and Post office -
               Chhatneshwar, P.S- Warisnagar, District - Samastipur.
           24. Lalit Ram Son of late Sudin Ram, Resident of village and Post office -
               Chhatneshwar, P.S- Warisnagar, District - Samastipur.
           25. Sanjit Ram Son of Late Sudin Ram, Resident of village and Post office -
               Chhatneshwar, P.S- Warisnagar, District - Samastipur.
           26. Dilip Sahni Son of Late Ravi Sahni, Resident of village and Post office -
               Chhatneshwar, P.S- Warisnagar, District - Samastipur.
           27. Chulahiya Devi Wife of late Nathuni Sahni, Resident of village and Post
               office - Chhatneshwar, P.S- Warisnagar, District - Samastipur.
           28. Muniya Devi Daughter of late Nathuni Sahni, Resident of village and Post
               office - Chhatneshwar, P.S- Warisnagar, District - Samastipur.
           29. Pramod Ram Son of Ravi Ram, Resident of village and Post office -
               Chhatneshwar, P.S- Warisnagar, District - Samastipur.
           30. Deonarayan Thakur Son of Shivandan Thakur, Resident of village and Post
               office - Chhatneshwar, P.S- Warisnagar, District - Samastipur.
           31. Prem Sahni Son of Rambilash Sahni, Resident of village and Post office -
               Chhatneshwar, P.S- Warisnagar, District - Samastipur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Dhirendra Kumar, Advocate
                 For the Opposite Party/s :       Mr.Sheo Shankar Prasad (SC-8)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                       ORAL ORDER

3   25-02-2026             The Ld. Counsel for the opposite parties submits that in

                   compliance of the order of this Court dated 02.07.2019 passed

                   in CWJC No. 13273 of 2019, the Circle Officer, Warisnagar,

                   District-Samastipur, has already passed a reasoned order dated

                   16.07.2024 in Encroachment Case No. 02 of 2023-24 and the
         Patna High Court MJC No.1670 of 2023(3) dt.25-02-2026
                                                     3/3




                   encroachment proceedings have been dropped as being not

                   maintainable.

                   2.      In view of the aforesaid, the Ld. Counsel for the petitioner

                   seeks liberty on behalf of the petitioner to challenge the

                   aforesaid order dated 16.07.2024, by taking recourse to such

                   remedies as are otherwise available under the law. Liberty, so

                   sought, is granted.

                   3.      The petition stands disposed off.



                                           (Mohit Kumar Shah, J)
S.Sb/-

U

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