Sultana Begham @ Sultana Begum v. The State Of Bihar
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.996 of 2026 ====================================================== Sultana Begham @ Sultana Begum W/O- Samshujjoha R/O Vill-Ahmadpur, P.O- Khesrahi, P.S- Baligaon, Dist.- Vaishali ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Department of Land and Revenue, Patna.
2.
The District Magistrate Vaishali at Hajipur 3.
The District Panchayat Officer, Vaishali at Hajipur 4.
The Circle Officer, Patepur Circle, Dist.- Vaishali 5.
The Block Development Officer, Patepur Block, Dist.- Vaishali 6.
The Block Panchayat Officer, Patepur Block, Dist.- Vaishali 7.
The Halka Kramchari, Circle office, Patepur Circle, Dist.-Vaishali 8.
The Panchayat Sachiv, Ahmadpur Panchayat, P.S- Baligaon, Dist.- Vaishali 9.
The Mukhiya, Ahmadpur Panchayat, P.S- Baligaon, Dist.-Vaishali 10.
Abdul Hannan S/O- Late Abdul Mallik R/O Vill- Ahmadpur, P.O- Khesrahi, P.S- Baligaon, Dist.-Vaishali 11.
Md. Sabir S/O- Abdul Hannan R/O Vill- Ahmadpur, P.O- Khesrahi, P.SBaligaon, Dist.-Vaishali 12.
Md. Nadeem S/O- Abdul Hannan R/O Vill- Ahmadpur, P.O- Khesrahi, P.SBaligaon, Dist.-Vaishali 13.
Md. Talib S/O- Abdul Hannan R/O Vill- Ahmadpur, P.O- Khesrahi, P.SBaligaon, Dist.-Vaishali ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajeev Ranjan No.II, Adv.
For the Respondent/s :
Standing Counsel (28) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 31-07-2026 Heard learned counsel for the petitioner and learned counsel for the State.
2. The writ petition has been filed for the following reliefs :- " That this is directed for issuance of writ in the nature of mandamus/ any other
Patna High Court CWJC No.996 of 2026(2) dt.31-07-2026 2/3 appropriate writ/order or direction commanding upon the respondents to remove the encroachment from the purchased land of the petitioner measuring 15 fit from east to west and 8 fit from north to south of Khata no. 121, Khesra No. 318 upon which a public road has been constructed by the Respondents No.
4,5,6,7,8,9 in connivance with the private respondents without following the legal procedure.
3. The petitioner is directed to file a fresh representation with regard to the encroachment, in question, giving full details of the persons who have made construction over her land.
4. It is expected that once such an application for removal of the encroachment is filed by the petitioner, then the Circle Officer, Patepur Circle, Vaishali will initiate the appropriate proceeding under Section 3 of the Bihar Public Land Encroachment Act, 1956 (in short, 'Act, 1956') and, after giving notice to all concerned, necessary orders shall be passed by resorting to the procedure as provided under Section 5 and 6 of the Act, 1956, adjudicating the issues, in question, and once it is found that the land, in question, is a personal land and the same has been encroached by the private persons, the same shall
Patna High Court CWJC No.996 of 2026(2) dt.31-07-2026 3/3 be made encroachment free within the period of three months.
5. It is expected that the entire exercise shall be carried out and concluded within the time so specified from the date of initiation of proceeding under Section 3 of the Bihar Public Land Encroachment Act, 1956.
6. With the aforesaid observation and direction, the writ petition stands disposed of.
(Ajit Kumar, J) perwez U