Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8170 of 2025 ====================================================== Anil Kumar son of Keshawlal Prasad, Resident of village- Sangrampur, P.S.- Sangrampur, District-East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Food and Consumer Protection Department, Government of Bihar, Patna.

2.

The Collector, East Champaran, Motihari.

3.

The C.O., Sangrampur, Motihari.

4.

The S.D.O. Areraj, Motihari.

5.

The S.H.O. Sangrampur, Motihari.

6.

Pasupati Nath Prasad, son of Late Bhaiya Ram Prasad, Resident of villageSangrampur, P.S.- Sangrampur, District-East Champaran. 7.

Prameshwar Nath Prasad, son of Late Bhaiya Ram Prasad, Resident of village- Sangrampur, P.S.- Sangrampur, District-East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kundan Rathore@ Kundan Kumar, Adv.

For the Respondent/s :

Standing Counsel (26) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 08-04-2026 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):- "(i) That this is an application for issuance of an appropriate w and other writs in the nature of mandamus commanding t respondents to initiate the proceeding against respondent No. to 7 under the Bihar

Patna High Court CWJC No.8170 of 2025(2) dt.08-04-2026 2/3 Public Land Encroachment Act, 1956 ar after hearing the parties an appropriate order removing th encroachment made over public land being used as Public Lar /Road and he want to build a road on the public land, br respondent No. 6 to 7 have encroached the land which is Khat No. 77 and Khesra No. 4616".

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, Sangrampur, Motihari 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

Patna High Court CWJC No.8170 of 2025(2) dt.08-04-2026 3/3 within the time so allowed under the statute.

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) perwez U