Patna High Court

Pramod Kumar GuptaversusThe State of Bihar

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

Holding

The Court grants the petitioner liberty to challenge the order of the Circle Officer by availing other legal remedies.

Summary

The petition filed by Pramod Kumar Gupta sought liberty to challenge an order dated 01‑12‑2025 passed by the Circle Officer, Brahmpur, which had disposed of an encroachment appeal on the ground that the alleged encroachers had filed Title Suit No.576 of 2021 and Title Suit No.578 of 2021. The petitioner argued that no injunction had been granted in those title suits, and therefore the encroachers remained in possession of the land, warranting a fresh challenge. The Court noted that the encroachment appeal had already been disposed of but held that the petitioner could still be granted liberty to contest the order by invoking any other legal remedies available. Consequently, the Court granted the requested liberty. The petition was thereafter disposed off.

Issues considered

Whether the petitioner is entitled to liberty to challenge the Circle Officer's order dated 01‑12‑2025 disposing the encroachment appeal.
Whether the absence of an injunction in the pending title suits affects the validity of the encroachment order.

Subjects

encroachment
civil writ jurisdiction
injunction
administrative order
challenge of order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Miscellaneous Jurisdiction Case No.346 of 2024
                                                    In
                              Civil Writ Jurisdiction Case No.11020 of 2022
                 ======================================================
                 Pramod Kumar Gupta son of Ramji Prasad Gupta, resident of Village and
                 P.O.-Raghunathpur, P.S.-Brahampur, District-Buxar.

                                                                             ... ... Petitioner/s
                                                     Versus

           1.    The State of Bihar through Collector, Buxar.
           2.    Ansul Agrawal, the Collector-cum-District Magistrate, District-Buxar.
           3.    Pramod Kumar, the Addl. Collector, District-Buxar.
           4.    Pankaj Kumar, the Sub Divisional Officer, Dumraon, Buxar.
           5.    Priyanka Kumari, the Circle Officer, Anchal-Brahampur, District-Buxar.
           6.    Rohit Kumar Agarwal, the Circle Inspector cum R.O., Anchal-Brahampur,
                 District-Buxar.
           7.    Sachin Je Rajsao, the Halka Karamchari, Anchal-Brahampur, District-Buxar.
           8.    Sanjeev Kumar, the Anchal Amin, Anchal-Brahampur, District-Buxar.
           9.    Jairam Sah, son of Late Kedar Sah, resident of Village and P.O.-
                 Raghunathpur, P.S.-Brahampur, District-Buxar.
           10. Ram Prasad, son of Baleshwar Prasad, resident of Village and P.O.-
               Raghunathpur, P.S.-Brahampur, District-Buxar.
           11. Dadan Sah, son of Hanuman Prasad, resident of Village and P.O.-
               Raghunathpur, P.S.-Brahampur, District-Buxar.
           12. Pramod Kumar, son of Rajendra Prasad, resident of Village and P.O.-
               Raghunathpur, P.S.-Brahampur, District-Buxar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Nafisuzzoha, Advocate
                 For the Opposite Party-State:   Mr. Standing Counsel 25
                 For OP No. 9 & 10       :       Mr. Sanjay Kumar Verma, Advocate
                                                 Mr. Abhishek Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                       ORAL ORDER

5   16-01-2026                    At the outset, though the learned counsel for the

                   opposite parties have pointed out that Encroachment Case in

                   question bearing Encroachment Appeal No.04 of 2021-22 has
            Patna High Court MJC No.346 of 2024(5) dt.16-01-2026
                                                        2/2




                      already been disposed off by an order dated 01.12.2025, passed by

                      the Circle Officer, Brahmpur on the ground that the encroachers

                      in question have filed Title Suit No.576 of 2021 and Title Suit

                      No.578 of 2021 before the learned Civil Court, Dumroan,

                      however it is submitted by the learned counsel for the petitioner

                      that no injunction has been granted in favour of the plaintiff of

                      the said suits, who are the remaining encroachers of the land in

                      question, hence it is submitted that the petitioner be granted

                      liberty to challenge the said order dated 01.12.2025 passed by

                      the Circle Officer, Brahmpur by availing such other remedies as

                      are otherwise available under the law. Liberty so sought is

                      granted.

                                   2. The petition stands disposed off.



                                              (Mohit Kumar Shah, J)
kanchan/-

U

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