Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5527 of 2026 ====================================================== Sonu Kumar S/o Sunil Singh, Resident of Village-Katri Dih (Katridih), P.S.- Katrisaray (Giriyak), District- Nalanda, Bihar. ... ... Petitioner

Versus

1.

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

The Collector cum District Magistrate, Nalanda, Bihar. 3.

The Sub Divisional Public Grievance Redressal Officer, Rajgir, Nalanda, Bihar.

4.

The Circle Officer, Katri Saray Block, Nalanda, Bihar. 5.

The Revenue Karamchari (Rajasva Karamchari), Katri Saray Block, Nalanda, Bihar.

6.

Phuljadi Devi, W/o Ravindra Nat, R/o Village - Katri Dih (Katridih), P.S. - Katrisaray (Giriyak), District- Nalanda, Bihar. 7.

Ruhi Devi, W/o Jitendra Nat, R/o Village - Katri Dih (Katridih), P.S. - Katrisaray (Giriyak), District- Nalanda, Bihar. 8.

Chanda Devi, W/o Vikki Nat, R/o Village - Katri Dih (Katridih), P.S. - Katrisaray (Giriyak), District- Nalanda, Bihar. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Diwakar, Advocate :

Ms. Priya Kumari, Advocate :

Mr. Deepak Kumar, Advocate :

Mr. Pallav Kumar Singh, Advocate For the Respondents :

Mr. S.D. Sanjay, AG :

Mr. Mohit Agarwal, AC to AG :

Mr. Raghwanand, GA-11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 29-06-2026 This Public Interest Litigation has been filed by the petitioner submitting that land bearing Thana No. 299, Khata No. 193, Plot No. 2329 situated in Village Katridih, Block-

2/4 Katrisaray belongs to the Government of Bihar. That the Government Hospital and the Panchayat Bhawan have been constructed thereon, over some portion of the land. However, now some anti-social elements have encroached upon the land and thereby blocked the water channel which is causing damage to the crops in the area during rainy season. Most of the encroachers in fact own land at other places, however, despite such possession they have encroached on the said land.

2. The petitioner prays that a Writ of Mandamus be issued directing the respondent authorities to ensure that the land is free from possession of the encroachers.

3. A counter affidavit was filed on behalf of the State-respondents wherein, it was, inter alia, averred in paragraphs-5, 6 and 8 as follows:

"5. That as a matter of fact on behalf of the petitioner a complaint bearing Ref.

9999901311225593346, No. dated 31.12.2025 was filed before the respondent no. 03 for removal of encroachment made over Plot No. 2329 and 2321, which was disposed of vide order dated 23.02.2026 taking into account the report of respondent no. 04 vide letter no. 161, dated 17.02.2026, in which it has been mentioned that as per report of the concerned Revenue Karamchari the land bearing Khata No. 193, Khesra No. 2329, Area 6.61 decimal is recorded as Gairmazarua Malik in the nature of Parti kadim in survey khatiyan, over which private

3/4 respondent no. 06 to 08 are residing by constructing their huts. It is further mentioned in the said report that all the private respondents are by caste Nat and landless. Therefore, after making survey under Abhiyan Basera-2, a proposal for settlement of the land to the Area1.5 decimal each to the private respondents in Khata No. 442, Khesra No. 1481 has been sent for approval through Record No. 01/2025-26.

6. That it may not be out of place to mention here that after approval the aforesaid lands have been settled in favour of the private respondents and two other persons, who are also residing over Plot No. 2329 by constructing their huts. The aforesaid facts will be evident from the order dated 04.04.2026 passed by the S.D.O, Rajgir in Land Settlement Record No. 01/2025-26. It is relevant to mention here that altogether 14 eligible landless persons were approved for settlement of the land under Abhiyan Basera through the Record No. 01/2025-26.

8. That it may not be out of context that some other persons, except the private respondents and two persons, who are given benefit of Abhiyan Basera-2 are also earmarked as encroachers /occupants, who are residing over the land bearing Plot No. 2329 and survey in respect to those encroachers are also in progress under Abhiyan Basera-2. It also makes it clear that process of giving Parcha of the land under Abhiyan Basera-2 is going on, after then the land in question bearing Plot No. 2329 will be made free from encroachment."

4/4

4. The submissions of learned counsel for the parties were heard, all documents and pleadings duly perused. As can be culled out from the averments of the respondents and the submissions advanced by learned counsel for the respondents, it is specifically mentioned in Paragraph-8 (supra) that, the process of giving "Parcha" of the land under Abhiyan Basera- 2 is going on, pursuant thereto the land in question, bearing Plot No. 2329, will be made free from encroachment.

5. In light of the obtaining facts and circumstances, it is hereby ordered that the steps being taken by the respondent as elucidated hereinabove be expedited and completed within a period of three months hence.

6. With the above observations and directions, this writ petition stands disposed of.

(Meenakshi Madan Rai, CJ) (Soni Shrivastava, J) anand/- AFR/NAFR CAV DATE NA Uploading Date 02.07.2026 Transmission Date NA