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Patna High CourtCWJC/3520/2025disposed

Mukesh Kumar v. The State Of Bihar

2026-07-24Mr. Justice Vikash Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3520 of 2025 ====================================================== Mukesh Kumar S/o Ram Narayan Singh, Resident of Village-Pali, P.S.-Goih, District-Aurangabad.

... ... Petitioner/s

Versus

1.

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

The Collector-Cum-District Magistrate, Aurangabad, District- Aurangabad. 3.

The Additional Collector, Aurangabad, District- Aurangabad. 4.

The Additional Collector-Cum-District Public Grievances Officer, Aurangabad, District-Aurangabad.

5.

The Sub Divisional Officer, Daudnagar, District- Aurangabad. 6.

The Circle Officer, Goh, District-Aurangabad. 7.

The Officer-in-Charge, Goh, District-Aurangabad. 8.

Ram Naresh Yadav, Son of Late Kameshwar Yadav, resident of Village- Pali, P.S.- Goh, District- Aurangabad.

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

For the Petitioner/s :

Mr. Santosh Chandra Bhaskar, Advocate Mr. Kritya Nand Jha, Advocate Ms. Dimpal Kumari, Advocate For the State :

Mr. Birju Prasad, GP-13 Mrs. Shweta Anand, AC to GP- 13 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH KUMAR ORAL ORDER 24-07-2026 Heard Mr. Santosh Chandra Bhaskar, learned counsel for the petitioner and Mr. Birju Prasad, GP-13, learned counsel for the State.

2. The petitioner in present writ application has prayed for the following reliefs:- " i. For a direction to respondent authority to remove encroachment from the and appertaining Thana no.151 Khata no.12, Plot no. 78, Area No.63 Land upon which private respondents have constructed "wall" covered under Aam Gairmajarua in cadastral survey Khatiyan due

Patna High Court CWJC No.3520 of 2025(2) dt.24-07-2026 2/3 to which of the petitioner and villagers became blocked. ii. For a direction to respondent authority to take legal action against the private respondent who have not removed encroachment from Public Land appertaining to Thana no.151, Khata no.12, Plot n.78 Area no.63 decimals situated a village-Pali P.S-Goh, DistrictAurangabad in pursuant to the order dated 27.7.2018 as stated above.

iii. For a direction to the respondent authority to remove the encroachment for the land in question in pursuant to the order dated 27.7.2018 passed in "Jamabandi" cancellation case no.06/2018-19 by the additional Collector, Aurangabad by which the "Jamabandi" illegally registered in the name of the grand father of the respondent no.8 has been cancelled." iv. For any other relief/ reliefs the petitioner is entitled under the law."

3. The prayer of the petitioner in present writ application is for removal of encroachment. In paragraph 8 of the counter affidavit, respondents state that jamabandi illegally has been created and steps have been taken by the concerned respondent for cancellation of the jamabandi, entered in the name of the alleged encroachers and from paragraph 14 of the counter affidavit it is evident that notice under Section 3 of the Bihar Public Land Encroachment Act, 1956 has been issued to the encroachers namely Ram Naresh Yadav and Vidya Vilas Yadav. At this juncture the petitioner confines his prayer for conclusion of the proceeding within a time frame.

4. Accordingly this Court directs the concerned respondent to conclude the encroachment proceeding in question within a reasonable period of eight weeks from the date

Patna High Court CWJC No.3520 of 2025(2) dt.24-07-2026 3/3 of order and after hearing all concerned.

5. Accordingly, the instant writ application stands disposed of.

(Vikash Kumar, J) sweta/- U