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Patna High CourtCWJC/11234/2016disposed

Ravi Kant Kumar v. The State Of Bihar And ORS

2025-11-20Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11234 of 2016 ====================================================== Ravi Kant Kumar Son of- Shambhu Singh, Resident of Village- Bhorey, TolaWest, P.O. and P.S.- Bhorey, District- Gopalganj. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Collector, Gopalganj, District- Gopalganj.

3.

Incharge Deputy Collector Public Grievances Cell Collectoriate, Gopalganj. 4.

Anchal Padadhikari Bhorey, District- Gopalganj. 5.

Sugriv Singh, Son of- Late Sita Ram Singh, Resident of Village- Bhorey, Tola- West, P.O. and P.S.- Bhorey, District- Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Suresh Prasad Bhakta, Advocate For the Respondent/s :

Mr.Sc16- Abbas Haider ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-11-2025 Heard the parties.

2. The present petition has been preferred for the following relief/s:

(i) for issuance of an appropriate writ/order/direction commanding the respondent authorities to remove the encroachment from the Public Land which details are mentioned in Para- 3 of this application encroached by the Private respondents in the light of provisions of the Bihar Public Land Encroachment Act, 1956 in accordance with law.

3. A counter affidavit has come on behalf of

Patna High Court CWJC No.11234 of 2016(4) dt.20-11-2025 2/3 respondent nos. 02 to 04 duly signed by the Circle Officer, Bhorey (Gopalganj) and paragraphs 14 and 15 read as follows:

14. That the statement made in Paragraph No. 14 of the writ application, it is submitted that in pursuance to the order of Hon'ble High Court passed in CWJC No. 5828 of 2023 dated 16.10.2023 the said encroacher Sugriv Singh (petitioner of writ petition) had submitted any representation or any document in support of his possession over public land therefore, the Circle Officer, Bhore by passing order dated 30.01.2024 issued notice to said Sugriv Singh to submit his representation and the document regarding the land in question.

15. That the statement made in Paragraph No. 15 of the writ application it is submitted that the final order to remove the encroachment on

Patna High Court CWJC No.11234 of 2016(4) dt.20-11-2025 3/3 said land has been passed by the Circle Officer, Bhore and a notice to remove the encroachment has also been served under Section 6(2) of Bihar Public Land Encroachment Act, 1956.

4. Learned State counsel submits that an order has been passed and consequential steps shall be taken immediately.

5. Learned counsel for the petitioner submits that the order is of 15.07.2025, we are in the month of November, 2025 and it is not clear whether further steps has been taken or not.

6. After hearing the parties and perusing the record, in the opinion of the Court, an order has been passed, the respondents are duty bound to take steps for its compliance, failure to do so, the petitioner has liberty to prefer contempt petition.

5. With the aforesaid observation, the writ petition is disposed of.

(Rajiv Roy, J) Ravi/- U