Nilam Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.778 of 2025 ====================================================== Nilam Devi Wife of Shri Amilal Mahto, resident of Village-Hareli Sonavarsha, Police Station-Uda-Kishunganj, District-Madhepura. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Additional Chief Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.

3.

The Divisional Commissioner, Koshi Division, Saharsa. 4.

The Collector cum District Magistrate, Madhepura. 5.

The Additional Collector, Revenue, Madhepura. 6.

The Sub-Divisional Officer, Uda-Kishunganj, District-Madhepura. 7.

The Circle Officer, Uda-Kishunganj, District-Madhepura. 8.

The Revenue Officer, Anchal Office, Uda-Kishunganj, District-Madhepura. 9.

The Circle Inspector, Anchal Office, Uda-Kishunganj, District-Madhepura. 10.

Renu Devi, Wife of Krishna Kumar Roy, resident of Village-Hareli Sonavarsha, ward no. 1 under territorial jurisdiction of Nagar Parishad, UdaKishunganj, Police Station-Uda-Kishunganj, District-Madhepura. 11.

Krishna Kumar Roy, son of Late Chamru Roy, resident of Village-Hareli Sonavarsha, ward no. 1 under territorial jurisdiction of Nagar Parishad, UdaKishunganj, Police Station-Uda-Kishunganj, District-Madhepura. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjit Kumar Singh For the Respondent/s :

Standing Counsel (23) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 25-06-2026 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ application has been filed seeking a direction upon the respondents to remove the alleged encroachment made over Revisional Survey Khesra No. 241, appertaining to Khata No. 473, measuring an area of 0.07

Patna High Court CWJC No.778 of 2025(4) dt.25-06-2026 2/3 decimal, situated under Revenue Thana No. 194, Mouza-Haraili, within Udakishunganj Anchal in the district of Madhepura. According to the petitioner, the land in question is recorded as "Anabad Bihar Sarkar" in the survey khatiyan and has been used as an Aam Rasta since time immemorial. It is alleged that respondent nos. 10 and 11 have recently encroached upon the said land by erecting steel-sheet fencing and obstructing the public pathway, thereby causing inconvenience and public nuisance to the local residents.

2. Learned counsel appearing for respondent nos. 1 to 3, by referring to paragraph 12 of the counter affidavit and the order passed by the Circle Officer, Udakishunganj, submits that police force was deployed at the site and the land in question has since been made free from encroachment. The said statement has not been disputed by learned counsel for the petitioner.

3. In view of the statement made on behalf of the official respondents that the encroachment over the land in question has already been removed, the writ application stands disposed of.

4. However, the authorities of Circle, Udakishunganj should be cognizant and take appropriate steps in accordance

Patna High Court CWJC No.778 of 2025(4) dt.25-06-2026 3/3 with law in the event any fresh encroachment is made over any public land in future.

(Ajit Kumar, J) shikha/- U