Ram Padarath Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6625 of 2025 ====================================================== Ram Padarath Paswan S/o Late Parmeshwar Paswan, R/o village- Talaipur Shivnandan Nagar, Sonsa, P.S.- Rahui, District- Nalanda. ... ... Petitioner/s
Versus
1.
The State of Bihar through, the Chief Secretary, Government of Bihar, Patna.
2.
The Additional Chief Secretary, Department of Home, Government of Bihar, India.
3.
The Secretary, Water Resources Department, Government of Bihar, Patna. 4.
The Divisional Commissioner, Patna.
5.
The District Magistrate Nalanda.
6.
The Sub-Divisional Officer, Biharsharif, Nalanda. 7.
The Circle Officer, Rahul, Nalanda.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gayanand Roy, Advocate Ms. Akanksha Malviya, Advocate Ms. Naina Nancy, Advocate Mr. Aryan Sinha, Advocate For the State :
Mr. P.K. Shahi, A.G.
Mr. Vikash Kumar, AC to AG Mr. Anjani Kumar, AAG-4 Mr. Alok Kumar Rahi, AC to AAG-4 Mr. Shailendra Kr. Singh, AC to AAG-4 ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE) 05-01-2026 Following is the relief sought for in the present writ application:- "i. For directing the Respondents for removing the illegal encroachment from entire area of Gairmazarua Aaam Land (Public Land) pertaining to Khata No. 198 of Mauza - Sonsa,
Patna High Court CWJC No.6625 of 2025(6) dt.05-01-2026 2/3 Thana No. 16, Anchal Rahui, Sub - Division - Biharharif, District Nalanda.
ii. For further issuance of writ or order or direction upon the respondent to ensure due protection of the said Gairmazarua Aaam Land (Public Land) pertaining to Khata No. 198 of Mauza Sonsa, Thana No. 16, Anchal Rahui, Sub Division Biharharif, District Nalanda from encroachment by anti-social, influential and local residents in order to maintain the rich natural reserve of water to meet the agricultural needs of local villagers from several villages adjoining the said pond;
iii. For further issuance of a direction upon the respondents for taking necessary action against all such encroachers in accordance with law after their removal from the public land in question; iv. For grant of any other relief or reliefs which may be granted in the facts and circumstances of this case."
2. Considering the nature of the relief sought and the contention made on behalf of the petitioner that certain illegal encroachments have been made on public land, including a water body situated within the said area, it is noted that, so far as the water body is concerned, parchas were earlier issued to the homeless persons due to an inadvertent error. Subsequently, the State-respondents have rectified the said error by cancelling the parchas issued in respect of the water body and have allotted alternative land to the homeless persons by issuance of fresh
Patna High Court CWJC No.6625 of 2025(6) dt.05-01-2026 3/3 parchas for their rehabilitation.
3. Insofar as the remaining land, other than the water body in question, is concerned, the petitioner shall be at liberty to approach the competent authority. In the event of any such complaint being filed, the concerned authority shall pass a final order in accordance with Section 6 of the Bihar Public Land Encroachment Act, 1956, after affording due opportunity of hearing to all concerned parties.
4. With the aforesaid observation and direction, the present writ application stands disposed of.
5. Pending application(s), if any, shall also stand disposed of.
(Sudhir Singh, ACJ) (Rajesh Kumar Verma, J) Sachin/- U