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Patna High CourtCWJC/3761/2026disposed

Surendra Prasad Singh v. The State Of Bihar

2026-03-18The Chief Justice,Mr. Justice Harish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3761 of 2026 ====================================================== Surendra Prasad Singh S/o Late Brij Nandan Singh, R/o Village- Kukudhiya, P.O. and P.S.- Saraiya, District-Muzaffarpur ... ... Petitioner/s

Versus

1.

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

2.

District Magistrate, Muzaffarpur.

3.

Sub-Divisional Magistrate, West Muzaffarpur.

4.

Deputy Collector, Land Reform, West Muzaffarpur. 5.

Circle Officer, Block, Saraiya, District- Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kr Singh No.1, Advocate For the Respondent/s :

Mr. Sanjay Kumar Ghosarvey, AC to AAG-3 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 18-03-2026 Heard the learned Advocate for the petitioner and the learned Advocate for the State.

2. The instant public interest litigation has been filed for the following reliefs:- "(i) For issuance of an appropriate writ, order or direction, directing and commanding the respondents to remove the encroachment from the Public road which is used by the public for path but some persons have constructed house by the order of Circle Officer over it and disturb the public road bearing Khesara No.515,

Patna High Court CWJC No.3761 of 2026(2) dt.18-03-2026 2/2 area 10 decimal, villate Kurkudiya, Thana No.447, P.S.- Saraiya, DistrictMuzaffarpur. The road passes through Marwapakar to Kurkuriya Bandh Dhala.

(ii) For issuance of an any other appropriate writ, order or direction as your Lordships may deem fit and proper."

3. In view of the above mentioned prayer as per the availability of the relevant provisions under the Bihar Public Land Encroachment Act, 1956, it is open to the petitioner to approach before the concerned authority.

4. Accordingly, the writ petition is disposed off, however with the liberty aforesaid.

(Sangam Kumar Sahoo, CJ) (Harish Kumar, J) supratim/- U