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Patna High Court

Vijay Pratap RayversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted liberty to the petitioner to approach the District Magistrate and disposed of the petition.

Summary

The petitioner Vijay Pratap Ray filed a writ petition alleging that the removal of encroachments on his land was incomplete, despite a show‑cause notice from the District Magistrate stating otherwise. He identified three remaining encroachments: untouched land by Harendra Ray, a boundary pillar with a submersible motor by Jagdish Ray, and a septic tank on a public road by Birendra Ray. The petitioner sought liberty from the court to approach the District Magistrate for redress of these specific grievances. The court examined the submissions and found no impediment to granting such liberty. Consequently, the court granted the requested liberty and disposed of the petition.

Issues considered

  • Whether the petitioner is entitled to liberty to approach the District Magistrate for removal of remaining encroachments.

Subjects

  • encroachment
  • land reform
  • public road
  • septic tank
  • district magistrate
  • writ jurisdiction
  • liberty to approach
  • removal of encroachment

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.3508 of 2023
                                                      In
                               Civil Writ Jurisdiction Case No.23988 of 2019
                 ======================================================
                 Vijay Pratap Ray Son of Ram Bahadur Ray, resident of Village-Tenuaj, P.O.
                 and P.S.-Natwar, Dinara, District-Rohtas (Sasaram), Bihar-802218.

                                                                            ... ... Petitioner/s
                                                   Versus

           1.    The State of Bihar through Shri Brijesh Mehrotra, son of not known,
                 Principal Secretary Revenue and Land Reforms Department, Government of
                 Bihar, Patna.
           2.    Shri Navin Kumar, the Collector, Rohtas, Sasaram.
           3.    Shri Upendra Kumar Pal, the Sub Divisional Officer, Bikramganj, Rohtas.
           4.    Shri Aditya Kumar Singh, the Circle Officer, Dinara, Rohtas.
           5.    Shri Vineet Kumar, the Superintendent of Police, Rohtas, Sasaram.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr.Rakesh Prabhat,Advocate
                 For the Opposite Party/s :   Mr.Government Pleader 18
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                       ORAL ORDER

7   16-01-2026                     Though at the outset, the learned counsel for the

                   opposite parties has submitted that the District Magistrate, Rohtas

                   at Sasaram has filed a show-cause stating therein that

                   encroachment in question has stood removed, however the learned

                   counsel for the petitioner submits that although the encroachment

                   made by Ashok Ray and Kamlesh Ray have been removed but the

                   encroachment made by Harendra Ray, Jagdish Ray and Birendra

                   Ray are still to be removed, to the following extent :-

                                   (i) the authority have not touched the encroachment

                                   made by Harendra Ray,
            Patna High Court MJC No.3508 of 2023(7) dt.16-01-2026
                                                        2/2




                                        (ii) partial encroachment made by Jagdish Ray i.e.

                                        boundary pillar at both end as also chapa kal with

                                        submersible motor beneath it has been left and

                                        (iii) the encroachment made by Birendra Ray, i.e.

                                        Septic Tank upon the public road has also been left.

                                   2.    In view of the aforesaid, the learned counsel for

                      the petitioner seeks liberty on behalf of the petitioner to

                      approach the District Magistrate, Rohtas at Sasaram for

                      redressal of the aforesaid grievances. Liberty so sought is

                      granted.

                                   3. The petition stands disposed off.



                                              (Mohit Kumar Shah, J)
kanchan/-

U


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