Bijli Yadav @ Rajballabh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1235 of 2021 In Civil Writ Jurisdiction Case No.10060 of 2019 ====================================================== Bijli Yadav @ Rajballabh Prasad, aged about 78 years, Son of Late Prasadi Yadav, resident of Village-Lal Bagh, P.O. Dumrama, P.S.-Deepnagar, DistrictNalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar through Sri P. Ashok Bardhan, Principal Secretary, Land Reforms Department, Government of Bihar, Patna. 2.

Sri Arbind Kumar Singh, District Magistrate-cum-Collector, Nalanda at Biharsharif.

3.

Sri Kumar Prashant, Deputy Collector, Land Reforms, Nalanda at Biharsharif.

4.

Sri Yogendra Singh, Circle Officer, Biharsharif Sadar Circle Office at Biharsharif, Nalanda.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Indeshwari Prasad Mandal, Advocate For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH and HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH) 11-09-2025 The present application has been filed in pursuance to the order dated 06.05.2019 passed by a Co-ordinate Bench of this Court in CWJC No. 10060 of 2019, which reads as under:- "In the circumstances noted, we allow the petitioner to file duly constituted application under Section 3 of the Bihar Public Land Encroachment Act, 1956, giving the name of the encroachers and the particulars of encroachment and since the matter has already referred to, before the Circle Officer, Biharsharif, he would consider the application and dispose of the same in accordance with law, preferably within a period of six months of the filing of the complaint, with due opportunity of hearing to the complaint as well as the alleged encroachers."

Patna High Court MJC No.1235 of 2021(3) dt.11-09-2025 2/2

2. In pursuance to the aforesaid direction, on the application of the petitioner, Encroachment Case No. 3 of 201920 was initiated and in compliance to the provisions of the Bihar Public Land Encroachment Act, 1956, notices were issued and the parties were heard. All the parties had participated in the proceeding by way of filing their documents and affidavits before the authority concerned.

3. Considering the same, the authority concerned had passed an order dated 08.10.2019, finding that there was no encroachment on the public land, and hence, the proceeding was dropped.

4. In the aforesaid facts and circumstances, no further order is required to be passed in the light of the directions of the Co-ordinate Bench of this Court, as referred to above.

5. The present application stands disposed of.

6. It goes without saying that the petitioner will be at liberty to seek his legal remedy in accordance with law. (Sudhir Singh, J) (Rajesh Kumar Verma, J) Sujit/- U