Patna High Court

Durgesh Sharma @ Durgen SharmaversusThe State of Bihar,through the District Magistrate,

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

Holding

The petition is disposed as the encroachment has been removed under the statutory order and any further relief must be sought through alternative remedies.

Summary

Durgesh Sharma filed a writ petition challenging an alleged encroachment on his land. The Court noted that, pursuant to its earlier order dated 29‑09‑2022 in CWJC No. 4087 of 2021, the Circle Officer had issued a final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 on 05‑12‑2022 and the encroachment was physically removed on 07‑11‑2023. The opposite parties argued that the matter was already settled and that any remaining grievance could be pursued through other legal remedies. The Court agreed, granting liberty to approach alternative forums for any residual grievance and disposed of the petition. The petition was therefore dismissed.

Issues considered

Whether the petitioner's grievance persists after the removal order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956.
Whether the petitioner is entitled to any further relief from this Court.

Legislation cited

Bihar Public Land Encroachment Act, 1956 — s. 6(1)

Subjects

public land encroachment
section 6(1)
Bihar Public Land Encroachment Act
removal order
alternative remedy
petition disposed

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.1769 of 2023
                                                      In
                                Civil Writ Jurisdiction Case No.4087 of 2021
                 ======================================================
                 Durgesh Sharma @ Durgen Sharma S/o Gobardhan Sharma Resident of
                 Village - Biraith, Sundargawn Mauza - Sargatiya, P.S. Goplapur, District -
                 West Champaran.

                                                                          ... ... Petitioner/s
                                                  Versus

           1.    The State of Bihar,through the District Magistrate, Of West Champaran at
                 Bettiah. namely Shri Jitendra Kumar Singh
           2.    The Sub-Divisional Officer, Narkatiyaganj, District-West Champaran
                 Namely Shri Mayank Kumar
           3.    The L.R.D.C. Narkatiyaganj, District-West Champaran Namely Shri
                 Prashant Kumar
           4.    The Circle Officer, Narkatiyaganj, District-West Champaran Namely Shri
                 Manish Kumar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr.Rakesh Kumar No.1, Advocate
                 For the Opposite Party/s :   Mr.Rishi Raj Sinha (SC-19)
                                              Mr. Atul Shankar, AC to SC-19
                 ======================================================
                 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 29.09.2022 passed

                   in CWJC No. 4087 of 2021, the Circle Officer,Sikta, District-

                   West Champaran, has already passed the final order under

                   Section 6(1) of the Bihar Public Land Encroachment Act, 1956

                   vide order dated 05.12.2022 in Encroachment Case No. 08 of

                   2022-23 and thereafter, the encroachment in question has already

                   stood removed on 07.11.2023.

                   2.      At this juncture, the Ld. Counsel for the petitioner
         Patna High Court MJC No.1769 of 2023(3) dt.25-02-2026
                                                     2/2




                   submits that in case the petitioner is having any subsisting

                   grievance, he be permitted to avail such alternative remedies as

                   are otherwise available under the law for redressal of his

                   subsisting grievances. Liberty, so sought, is granted.

                   3.      The petition stands disposed off.



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

U

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