Animesh Ikshit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1354 of 2024 ====================================================== Animesh Ikshit S/O Nawal Kishore Prasad Singh Resident of Old Cold Store, Near PNT Colony, Gandhi Chowk, Chapra- P.S. and Dist- Chapra, Saran- at present R/o D-98, First Floor, South City-2, Sohna Road, Sector 49, Islampur (97), Gurgaon-122018 ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Land and Revenue Department, Government of Bihar at Patna. 2.

The Collector cum District Magistrate Saran at Chapra. 3.

The Superintendent of Police Saran at Chapra. 4.

The Sub Divisional Officer, Saran at Chapra.

5.

The Circle Officer, Garkha District- Saran at Chapra. 6.

SHO, Garkha District- Saran at Chapra.

7.

Satish Kumar Singh S/O Surendra Prasad Singh Resident of VillageMachagra, Bhithi Sahabuddin, P.S.- Baniapur, Saran at Chapra. 8.

Manish Kumar S/O Late Mangal Rai Resident of Village- Bhaismara/Ferusa, Garkha, Saran at Chapra.

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

For the Petitioner/s :

Mr. Shailendra Kumar Dwivedi For the Respondent/s :

Mr. Jitendra Kumar Roy-1, Sc13 :

Mr. U.K. Singh, Ac to Sc13 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-01-2026

1. Heard learned counsel for the petitioner, learned counsel for the State and private respondent nos. 7 and 8.

2. The petitioner has approached this Court against initiation of encroachment cases for which notices were issued against the petitioner in Land Encroachment Case No. 19 of 2022-23 and 11 of 2022-23 under Section 3 of the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as the Act).

3. Learned counsel for the petitioner submits that reply of the notice issued under Section 3 of the Act have been

Patna High Court CWJC No.1354 of 2024(6) dt.16-01-2026 2/2 filed by the petitioners.

4. Learned counsel for the State submits that Circle Officer, after considering the reply of the petitioner, shall pass the appropriate order under Section 6(1) of the Act.

5. Considering the rival submissions of the parties and the fact that final order has not been passed by the Circle Officer, accordingly, the present writ application is disposed with liberty to the petitioners to pursue his remedy before the Circle Officer where the encroachment cases are pending for final disposal in which the petitioner has filed his reply/show cause. The Circle Officer, Garkha, is directed to fix a specific date in all the encroachment cases initiated against the petitioners and after giving opportunity of hearing to the petitioners and the concerned parties, shall pass the final order within the period of four months from today.

6. Till the final order is passed by the Circle Officer, Garkha, there shall be no demolition of the structure in question.

7. With the aforesaid direction and observation, the present writ application is disposed.

(Anil Kumar Sinha, J) HarshPandey/- U