Ramesh Ojha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7140 of 2025 ====================================================== 1.

Ramesh Ojha Late Gupteshwar Ojha Resident of Mohalla - Gaurakashni, Near Railway Gumti Gajrah, Sasaram, Police Station- Sasaram, (T), District - Rohtas.

2.

Shailendra Kumar Ojha Son of Gupteshwar Ojha Resident of Mohalla - Gaurakashni, Near Railway Gumti Gajrah, Sasaram, Police StationSasaram, (T), District - Rohtas. 3.

Santosh Kumar Ojha Son of Rajendra Ojha Resident of Mohalla - Gaurakashni, Near Railway Gumti Gajrah, Sasaram, Police StationSasaram, (T), District - Rohtas. ... ... Petitioner/s

Versus

1.

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

The District Magistrate, Rohtas at Sasaram.

3.

The Sub Divisional Officer, Sasaram, Rohtas.

4.

The Municipal Commissioner, Sasaram, Nagar Nigam, Rohtas. 5.

The Circle Officer, Sasaram, Rohtas.

6.

Shyam Jee Ojha Son of Ram Krishna Ojha Resident of Mohalla - Gaurakashni, Near Railway Gumti Gajrah, Sasaram, Police StationSasaram, (T), District - Rohtas. 7.

Ajay Ojha Son of Ram Krishna Ojha Resident of Mohalla - Gaurakashni, Near Railway Gumti Gajrah, Sasaram, Police Station- Sasaram, (T), District - Rohtas.

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

For the Petitioner/s :

Mr. Sanjay Kumar Tiwary For the Respondent/s :

Mr. Government Pleader (13) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-01-2026

1. Heard learned counsel for the parties concerned.

2. The petitioners have filed the present writ application for initiating proceeding against the private-respondent nos. 6 and 7 under Bihar Public Land Encroachment Act

Patna High Court CWJC No.7140 of 2025(2) dt.16-01-2026 2/3 inasmuch as the respondent nos. 6 and 7 have encroached upon the Municipal Road having Khata No. 24, Plot No. 1500, Mauza - Gaurakshni, Thana No. 126, Mohalla - Guraksani, near Railway Gumti, Sasaram, Rohtas.

3. Learned counsel for the Municipal Corporation, Sasaram, Rohtas, submits that encroachment proceeding has already been initiated on the application of the petitioner against the respondent nos. 6 and 7, bearing Encroachment Case No. 02 of 2025, in which the respondents have already appeared.

4. Considering the submission advanced by learned counsel for the Municipal Corporation, Sasaram, Rohtas, learned counsel for the petitioners seek permission to withdraw this application with liberty to pursue the matter before the Municipal Commissioner, Sasaram Rohtas, in accordance with law.

5. Permission is accorded.

6. The Municipal Commissioner, Sasaram, Rohtas, is directed to decide the issue between the parties after giving opportunity of hearing to the persons concerned within a reasonable time frame.

7. This writ application is, accordingly, disposed as

Patna High Court CWJC No.7140 of 2025(2) dt.16-01-2026 3/3 withdraw with aforesaid liberty and direction. (Anil Kumar Sinha, J) ashwani/- U