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Patna High Court

Raj Deep RoyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court directed the District Magistrate to ensure removal of any resurfaced encroachment within 48 hours, thereby upholding the enforcement of the earlier order.

Summary

The petitioner, Raj Deep Roy, filed a writ petition seeking enforcement of a prior order dated 08-09-2022 in CWJC No. 18364 of 2021, which had directed removal of encroachments on his land. Although the encroachments were initially removed, the petitioner alleged that some encroachers had re‑entered the land and filed representations before the Circle Officer and the District Magistrate. The petitioner’s counsel argued that the earlier order remained effective and that the re‑encroachment required immediate action. The Court examined whether the District Magistrate could be directed to ensure removal of any resurfaced encroachment within a stipulated time. Finding the petitioner's claim credible, the Court directed the District Magistrate of Samastipur to ensure that any renewed encroachment be removed within 48 hours of the order. The petition was thereafter disposed.

Issues considered

  • What authority does the District Magistrate have to enforce removal of resurfaced land encroachments under the earlier court order?

Subjects

  • land encroachment
  • removal order
  • district magistrate
  • civil writ jurisdiction
  • enforcement
  • public law

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.2159 of 2024
                                                      In
                                Civil Writ Jurisdiction Case No.18364 of 2021
                 ======================================================
                 Raj Deep Roy Son of Sri Hare Ram Roy Resident of village- Bhirha, P.S.-
                 Rosra, District- Samastipur

                                                                           ... ... Petitioner/s
                                                   Versus

           1.    The State of Bihar through secretary of the Land Reforms and Revenue
                 Department, Govt. of Bihar, Patna
           2.    The Sri Yogendra Singh, Collector cum District Magistrate, Samastipur.
           3.    The Smt. Vandana Kumari, Circle Officer, Samastipur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr.Sada Nand Roy, Advocate
                 For the Opposite Party/s :   Standing Counsel- 25
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                       ORAL ORDER

8   10-04-2026             The Ld. Counsel for the petitioner fairly submits that the

                   order of this Court dated 08.09.2022 passed in CWJC No.

                   18364 of 2021 has stood complied with inasmuch as the

                   encroachment has been removed, however subsequently some

                   of the encroachers have again made encroachment, for which

                   appropriate representations have been filed before the Circle

                   Officer, Rosra and the District Magistrate, Samastipur.

                   2.      In view of the aforesaid, while disposing of the present

                   petition, I deem it fit and proper to direct the District Magistrate,

                   Samastipur to ensure that in case any encroachment has

                   resurfaced, it should be ensured that the same is removed within
         Patna High Court MJC No.2159 of 2024(8) dt.10-04-2026
                                                     2/2




                   a period of 48 hours from today, in accordance with law.



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

U


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