Patna High Court

Siddharth PatelversusThe State of Bihar

Decided: 18 March 2026
Disposal: DISPOSED
Bench: MOHIT KUMAR SHAH

Holding

The petition is disposed after granting the petitioner liberty to approach the Circle Officer for redress of the subsisting encroachment grievance.

Summary

The petitioner, Siddharth Patel, filed a writ petition alleging that an encroachment on land, which the court had ordered to be removed on 11‑08‑2022, had not been fully cleared. The State of Bihar and its officials contended that the encroachment had been removed in compliance with the earlier order. The petitioner, however, maintained that the removal was incomplete and sought liberty to approach the Circle Officer of Bhabhua for further redress. The court examined the submissions of both sides and found that the grievance remained subsisting. Consequently, the court granted the petitioner liberty to approach the Circle Officer and disposed of the petition.

Issues considered

Whether the encroachment ordered to be removed on 11‑08‑2022 has been fully removed
Whether the petitioner is entitled to liberty to approach the Circle Officer for redress of the alleged remaining encroachment

Subjects

encroachment
public land
writ jurisdiction
administrative law
liberty to approach
court order compliance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Miscellaneous Jurisdiction Case No.1770 of 2023
                                                      In
                                Civil Writ Jurisdiction Case No.9387 of 2022
                 ======================================================
                 Siddharth Patel S/o Rajeev Singh R/o Bhabhua Ward No.7, P.O.- Bhabhua,
                 P.S.- Bhabhua, District- Kaimur (Bhabhua).

                                                                            ... ... Petitioner/s
                                                   Versus

           1.    The State of Bihar through the Chief Secretary, (Sri Amir Subhani),
                 Government of Bihar, Patna.
           2.    The Principal Secretary,(Sri Arunish Chawla), Urban Development
                 Department, Government of Bihar, Patna.
           3.    The Principle Secretary,(Sri Sanjay Kumar Agarwal) Irrigation Department,
                 Government of Bihar, Patna.
           4.    Executive Engineer, (Sri Arvind Kumar) Canal Department, Sone High
                 Command Canal Division, Bhabhua, District- Kaimur (Bhabhua).
           5.    District Magistrate cum Collector, (Sri Sawan Kumar), Kaimur (Bhabhua).
           6.    Additional District Magistrate-cum-Additional Collector, (Sri Dr. Sanjay
                 Kumar), Kaimur (Bhabhua).
           7.    Sub-Divisional Magistrate-cum-SDO, (Sri Saket Kumar), Bhabhua, District-
                 Kaimur (Bhabhua)
           8.    Anchaladhikari, (Sri tara Prakash Singh), Bhabhua, Kaimur (Bhabhua).
           9.    Executive Officer, (Sri Dinesh Dayal Lal) Nagar Parishad, Bhabhua, Kaimur
                 (Bhabhua).

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Pancham Lal Jaiswal, Advocate
                 For the Opposite Party/s :    Mr.Vinay Kirti Singh (Ga 2)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                       ORAL ORDER

4   18-03-2026                    Though the learned counsel for the opposite parties

                   has submitted that in compliance of the order of this Court dated

                   11.08.2022,       passed   in   CWJC      No.9387      of      2022,    the

                   encroachment in question has stood removed, however the

                   learned counsel for the petitioner submits that complete
            Patna High Court MJC No.1770 of 2023(4) dt.18-03-2026
                                                        2/2




                      encroachment has not been removed, hence the petitioner be

                      granted liberty to approach the Circle Officer, Bhabhua, Kaimur

                      (Bhabhua) for redressal of his subsisting grievance. Liberty so

                      sought is granted.

                                   2. The petition stands disposed off.



                                              (Mohit Kumar Shah, J)
kanchan/-

U

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