Santosh Kumar Yadav @ Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6197 of 2025 ====================================================== Santosh Kumar Yadav @ Santosh Kumar, Son of Late- Ajay Kumar, Resident of Near Court Station, Purnia, P.S- K.Hat, District- Purnia, Bihar-854301. ... ... Petitioner/s

Versus

1.

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

The Urban Development and Housing Department, Government of Bihar, through its Principal Secretary.

3.

The District Magistrate, Purnia, Bihar.

4.

The Municipal Commissioner, Municipal Corporation, Purnia, Bihar. 5.

The Circle Officer, Purnia East, Purnia, Bihar. 6.

The Executive Engineer, Purnia Division, Bihar Urban Infrastructure Development Corporation Limited, Purnia, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumar Nikhil, Advocate For the State :

Mr. P. K. Shahi, Advocate General For the Corporation :

Mr. Prince Kumar Mishra, Advocate Mr. Sanjiv Kumar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 20-02-2026 This writ petition has been filed by the petitioner Santosh Kumar Yadav @ Santosh Kumar seeking following reliefs:

"(I) For issuing an appropriate writ, order, or direction to the respondents to forthwith remove all encroachments alongside the municipal road from Janta Chowk to Thana Chowk via Koratwahi, in compliance with

Patna High Court CWJC No.6197 of 2025 dt.20-02-2026 2/3 Standing Order dated 08.02.2021, issued by the Municipal Commissioner, Municipal Corporation, Purnia, directing the Circle Officer, Purnia East, for the removal of illegal encroachments from government land.

(П) For issuing an appropriate writ, order, or direction directing the initiation of disciplinary and legal proceedings against officials responsible for failing to implement standing orders and notices, thereby causing loss to public resources."

2. Counter affidavit has been filed on behalf of respondent no.5 by one Sanjeev Kumar, Circle Officer, Purnea East, Purnea wherein it is stated as follows: "9. That it is respectfully submitted that in view of the aforesaid report, a Land Encroachment Proceeding has been initiated vide Land Encroachment Case No. 07/2025-26 and notices have been issued to all the encroachers (87 in number) on 04.12.2025 and the next date of hearing has been fixed on 18.12.2025. The matter is pending before the Circle Officer, Purnea East, Purnea."

3. Since the Land Encroachment Proceeding has already been initiated, the petitioner's grievance can be taken care of in such proceeding. Therefore, there is no need to pass any further order in this Public Interest Litigation and

Patna High Court CWJC No.6197 of 2025 dt.20-02-2026 3/3 accordingly, the same stands disposed of.

4. However, the petitioner is at liberty to pursue the Land Encroachment Proceeding.

(Sangam Kumar Sahoo, CJ) (Harish Kumar, J) uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 21.02.2026 Transmission Date NA