Moti Shankar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1900 of 2026 ====================================================== Moti Shankar Singh Son of Late Hardev Singh, Resident of Turkauliya, PS Turkauliya, District East Champaran.

... ... Petitioner/s

Versus

1.

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

The District Magistrate, East Champaran, Motihari. 3.

The Superintendent of Police, East Champaran, Motihari. 4.

The Office-in-Charge, Turkaulia Police Station, District East Champaran. 5.

The Executive Engineer, Minor Irrigation Division, Motihari, East Champaran.

6.

The Circle Officer, Turkaulia Anchal, District East Champaran. 7.

Om Prakash Gupta, Son of Shri Ramnarayan Prasad, Village Turkauliya, PS Turkauliya, District East Champaran.

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

For the Petitioner/s :

Mr. Rajan, Adv.

For the Respondent/s :

Mr.Government Pleader (11) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 23-07-2026 Heard learned counsel for the parties.

2. The instant writ application has been filed seeking direction upon the respondent authorities to remove the illegal encroachment from the Government Canal Land.

3. Learned counsel for the petitioner submits that initially the encroachment proceeding bearing Encroachment Case No. 13 of 2019-20 was initiated in respect of the land bearing Khata No.11, plot No. 2094 situated in village Turkaulia and the encroachment was removed on 24.11.2022 but, subsequently, after removal of the encroachment, wooden pillars were again placed on the said canal land by the private

Patna High Court CWJC No.1900 of 2026(2) dt.23-07-2026 2/2 respondent no.7.

4. In view of the above, the petitioner is directed to file a fresh representation within a period of four weeks from today before the Circle Officer, Turkaulia Anchal, East Champaran, regarding the alleged illegal encroachment made by respondent no. 7 over the Government canal land, which had earlier been made encroachment-free by initiating Encroachment Case No. 13 of 2019-20.

5. It is expected that, upon such a representation being filed by the petitioner seeking removal of the encroachment, the Circle Officer, Turkaulia Anchal, East Champaran, shall examine the matter and, after due verification, adjudicate the issue by passing an appropriate order in accordance with law within a period of three months from the date of filing of the representation and would ensure compliance of its order, whereby encroachment is said to have been removed on 24.11.2022.

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

(Ajit Kumar, J) rishi/- U