← Library
Patna High CourtCWJC/577/2026disposed

Brajesh Kumar v. The State Of Bihar

2026-07-09Mr. Justice Ajit Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.577 of 2026 ====================================================== Brajesh Kumar Son of Late Rudal Rai Resident of Village- Pachpokhariya, P.S.- Mahuawa, District- East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Revenue and Land Reforms Department, Bihar, Patna.

2.

The Collector, East Champaran at Motihari.

3.

Anchal Adhikari, Adapur Anchal, District- East Champaran. 4.

Dindayal Rai, Son of Late Ram Narayan Rai Resident of VillagePachpokhariya, P.S.- Mahuawa, District- East Champaran. 5.

Sugriv Kumar, Son of Dindayal Rai Resident of Village- Pachpokhariya, P.S.- Mahuawa, District- East Champaran.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek Kumar, Advocate For the Respondent/s :

Mr.Government Pleader (10) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 09-07-2026 Heard learned counsel for the petitioner and learned counsel for the Respondents.

2. The instant writ application has been filed for the following relief(s):- For issuance of an appropriate writ, order or direction, particularly, in the nature of writ of mandamus directing the respondents, particularly the respondent no.- 03, Anchaladhikari, Adapur Anchal, to remove encroachment from over the gairmajarua public land (Rasta) under, Khata No.- 249, Khesara No.- 1414 and Khata No.-248, Khesara No.- 2059, village-

Patna High Court CWJC No.577 of 2026(2) dt.09-07-2026 2/3 Pachpokhariya, Anchal Adapur, DistrictEast Champaran, made by the private respondent nos.- 4 & 5 blocking egress and ingress of the Aam Land (Rasta).

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 the land and creating obstruction over the public road by blocking the same.

4. It is expected that once such an application for removal of the encroachment is filed by the petitioner, then the Circle Officer, Adapur Anchal, East Champaran will initiate the appropriate proceeding under Section 3 of the Bihar Public Land Encroachment Act, 1956 and, after giving notice to all concerned, necessary orders shall be passed, adjudicating the issues, in question, and once it is found that the land, in question, is a public land and the same has been encroached by the private persons, the same shall be made encroachment free within the time so allowed under the statute.

5. It is expected that the entire exercise shall be carried out and concluded within a period of three months from the date of initiation of proceeding under Section 3 of the Bihar Public Land Encroachment Act, 1956.

Patna High Court CWJC No.577 of 2026(2) dt.09-07-2026 3/3

6. With the aforesaid observation and direction, the writ petition stands disposed of.

(Ajit Kumar, J) surya/- U