Mohammad Shaukat Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.680 of 2026 ====================================================== Mohammad Shaukat Ali Son of Kamaluddin, Resident of Village- Ganj Osain, Police Station-Bihiya, District - Bhojpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Department of Land Revenue and Development, Government of Bihar at Patna.

2.

The District Magistrate, District Bhojpur at Ara. 3.

The Superintendent of Police, District- Bhojpur at Ara. 4.

The Additional District Magistrate, Jagdishpur, District -Bhojpur. 5.

The Circle Officer, Bihiya, District- Bhojpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Niraj Kumar Singh, Adv.

For the Respondent/s :

Mr.Government Pleader (6) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 16-07-2026 Heard learned counsel for the petitioners and learned counsel for the Respondent-State.

2. The instant writ application has been filed for the following relief(s):- "(i) For issuance of an appropriate writ most probably of the nature of mandamus directing the respondents authorities to remove the encroachment from the public land situated at village- Ganj Osain, thana no.- 205, police station-Bihiya, District- Bhojpur, khesra no.- 258, 259, 269, 272, 277, 278, 279, 284, 285/4045,

Patna High Court CWJC No.680 of 2026(2) dt.16-07-2026 2/3 310/4039, 329, 341, 347, 348, 358, 378, 923/4164, 992, 743, 558, 559.

(ii) For grant of any other relief/reliefs for which Petitioner is found entitled under the fact and circumstances of the case. "

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, Bihiya, Bhojpur 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 period of eight weeks.

5. It is expected that the entire exercise shall be

Patna High Court CWJC No.680 of 2026(2) dt.16-07-2026 3/3 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