Sakaldeo Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6028 of 2026 ====================================================== Sakaldeo Singh Son of Basudeo Singh, Resident of Village- Kewati, P.S.- Kewati, District- Sheikhpura, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principle Secretary, Department of Revenue and Land Reform, Government of Bihar, Patna.

2.

The Principle Secretary, Department of Revenue and Land Reform, Government of Bihar, Patna.

3.

The District Magistrate, Sheikhpura.

4.

The Deputy Collector Land Reform (DCLR), Sheikhpura. 5.

Circle Officer, Barbigha, Sheikhpura.

6.

Dinesh Singh, S/o Late Mundrika Singh, P.S- Kewati, Barbigha, Sheikhpura. 7.

Rajesh Singh, S/o Late Mundrika Singh, P.S- Kewati, Barbigha, Dist.- Sheikhpura.

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

For the Petitioner/s :

Mr. Sanjiv Kumar Mishra, Adv.

Mr. Satyam Shivam Sundaram, Adv.

For the Respondent/s :

Mr. Md. Harun Quareshi, AC to SC01 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 04-05-2026 Heard learned counsel for the petitioner and learned counsel for the Respondent-State.

2. The instant writ application has been filed for the following relief(s):- "1. (i) For a direction upon the concerned respondent authorities to restrain the private respondent from making illegal construction over the Public Land Road by way of encroachment over Khata No. 294, Khesara No. 1637 (Registered as cadastral survey road in Khatiyan)

Patna High Court CWJC No.6028 of 2026(2) dt.04-05-2026 2/3 (ii) For a direction upon the concerned respondents to initiate a proceeding under the Bihar Public Land Encroachment Act, 1956 for removal of the encroachment against the Private respondents/encroachers.

(iii) For a direction upon the concerned respondents to take appropriate decision for removal of encroachment in accordance with law.

(iv) For any other relief/reliefs to which the petitioner is found entitled too."

3. The petitioner is directed to file a fresh representation with regard to the encroachment, in question, giving full details of the persons who have made construction over the land and creating obstruction over the public road by blocking the same.

4. It is expected that once such an application for removal of the encroachment is filed by the petitioner, then the Circle Officer, Barbigha, Seikhpura, will initiate the appropriate proceeding under Section 3 of the Bihar Public Land Encroachment Act, 1956 and, after giving notice to all concerned, necessary orders shall be passed, adjudicating the issues, in question, and once it is found that the land, in question, is a public land and the same has been encroached by the private persons, the same shall be made encroachment free within the time so allowed under the statute.

Patna High Court CWJC No.6028 of 2026(2) dt.04-05-2026 3/3

5. It is expected that the entire exercise shall be carried out and concluded within the time stipulated under the Act from the date of initiation of proceeding under Section 3 of the Bihar Public Land Encroachment Act, 1956.

6. With the aforesaid observation and direction, the writ petition stands disposed of.

(Ajit Kumar, J) rishi/- U