Patna High Court

Shyam Lal SharmaversusThe State of Bihar

Decided: 16 January 2026
Disposal: DISPOSED
Bench: MOHIT KUMAR SHAH

Holding

The Court granted liberty to the petitioner to approach the Circle Officer under the Bihar Public Land Encroachment Act and disposed of the contempt petition.

Summary

Shyam Lal Sharma filed a petition alleging encroachment on his land (Mauja-Chandpur, Khata No. 114, Khesra No. 697). The District Magistrate of Siwan conducted a spot inspection and reported that no encroachment existed. The petitioner contested this finding and sought permission to approach the Circle Officer, Goreakothi, under the Bihar Public Land Encroachment Act, 1956, to raise any grievance. The learned Senior Counsel for the petitioner filed a show‑cause petition on behalf of the District Magistrate. The Court granted the petitioner liberty to approach the Circle Officer and consequently disposed of the contempt petition filed against the District Magistrate.

Issues considered

Whether the petitioner is entitled to approach the Circle Officer under the Bihar Public Land Encroachment Act, 1956 despite the District Magistrate's finding of no encroachment.
Whether the contempt petition against the District Magistrate should be dismissed.

Legislation cited

Bihar Public Land Encroachment Act, 1956

Subjects

land encroachment
public land
contempt petition
administrative law
Bihar Public Land Encroachment Act

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Miscellaneous Jurisdiction Case No.1822 of 2023
                                                     In
                               Civil Writ Jurisdiction Case No.15177 of 2022
                 ======================================================
                 Shyam Lal Sharma Son of Suraj Sharma Resident of Village Chandpur, P.O.
                 Hariharpur Lalgarh, Anchal Goreakothi, P.S. Goreakothi, District-Siwan.

                                                                            ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar Bihar
           2.    Sri Brijesh Mehrotra, the Principal Secretary, Revenue and Land Reforms
                 Department, Government of Bihar, Patna.
           3.    Sri Mukul Kumar Gupta, the District Magistrate-cum- Collector, Siwan.
           4.    Md. Jawed Ahsan, the Additional Collector, Siwan.
           5.    Sri Rambabu Baitha, the Sub- Divisional Magistrate, Siwan.
           6.    Sri Arun Kumar Saroj, the Circle Officer, Goreakothi, District-Siwan.
           7.    Sri Keshaw Kumar, the Circle Inspector, Goreakothi, District-Siwan.
           8.    Sri Rajesh Kumar , the Anchal Amin Goreakothi, District-Siwan.
           9.    Bishundev Singh Son of Late Jhagru Singh Resident of Village Chandpur,
                 P.O. hariharpur Lalgarh, Anchal Goreakothi, P.S. Goreakothi, District Siwan.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Naresh Prasad, Adv
                 For the Opposite Party/s :    Mr.Sajid Salim Khan (Sc25)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                       ORAL ORDER

8   16-01-2026                  The learned Senior Counsel for the parties seeks to

                   file a show cause on behalf of the District Magistrate, Siwan and

                   submits that the District Magistrate, Siwan has personally made

                   a spot inspection and found that at the moment, there is no

                   encroachment over the land, appertaining to Mauja-Chandpur,

                   Khata No. 114, Khesra No. 697, admeasuring 1.5 decimals.

                   2.      However, the learned counsel for the petitioner has

                   disputed the same and seeks liberty on behalf of the petitioner to
         Patna High Court MJC No.1822 of 2023(8) dt.16-01-2026
                                                     2/2




                   approach the Circle Officer, Goreakothi, Siwan, by filing

                   appropriate petition under the provisions of the Bihar Public

                   Land Encroachment Act, 1956, in case he is having any

                   subsisting grievance. Liberty, so sought, is granted.

                   3.      Accordingly, the present contempt petition stands

                   disposed off.


                                           (Mohit Kumar Shah, J)

Ajay/-

U

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