Suryakant Kumar, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7849 of 2026 ====================================================== 1.

Suryakant Kumar, Son of Bhajju Prasad, Resident of Village - Rohan Bigha, Police Station - Belaganj, District - Gaya.

2.

Prince Kumar, Son of Sunil Yadav, Grandson of Ram vilas Yadav, Resident of Village Pachhatti, Police Station Bodhgaya, District - Gaya. 3.

Lalchand Gupta @ Lal Chand Gupta, Son of Late Ram Sewak Gupta, Resident of Village Pachhatti, Police Station Bodhgaya, District - Gaya. 4.

Priyanshu Kumar, Son of Late Mahendra Saw, Resident of Village Pachhatti, Police Station - Bodhgaya, District - Gaya.

5.

Sunil Saw, Son of Babulal Saw, Resident of Village Pachhatti, Police Station Bodhgaya, District - Gaya.

6.

Chameli Devi, Wife of Ajay Kumar, Resident of Village Amawa, Police Station Bodhgaya, District - Gaya. 7.

Anita Devi, Wife of Bheem Saw, Resident of Village Pachhatti, Police Station Bodhgaya, District - Gaya. 8.

Rajesh Yadav @ Rajesh Kumar, Son of Kedar Yadav, Resident of Village -Pachhatti, Police Station Bodhgaya, District Gaya. 9.

Md. Samim, Son of Ashik Mistri, Resident of Village Pachhatti, Police Station Bodhgaya, District - Gaya. 10.

Rajwan Saw @ Raj Saw, Son of Lalji Saw, Resident of Village Pachhatti, Police Station - Bodhgaya, District - Gaya.

11.

Raghunandan Prajapat, Son of Late Visheshwar Prajapat, Resident of Village Pachhatti, Police Station Bodhgaya, District Gaya. 12.

Gita Devi, Wife of Late Vishal Yadav, Resident of Village Pachhatti, Police Station Bodhgaya, District - Gaya.

13.

Ramjee Kumar, Son of Mahesh Chaube, Resident of Village Pachhatti, Police Station - Bodhgaya, District - Gaya. 14.

Anisha Khatoon, Wife of Md. Khurshid, Resident of Village Pachhatti, Police Station - Bodhgaya, District - Gaya. 15.

Rinku Devi, Wife of Ranjit Kumar, Resident of Village Pachhatti, Police Station Bodhgaya, District - Gaya.

16.

Laxman Singh, Son of Ram Prasad Singh, Resident of Village Pachhatti, Police Station - Bodhgaya, District - Gaya. 17.

Vikas Saw, Son of Bheem Saw, Resident of Village Pachhatti, Police Station - Bodhgaya, District - Gaya.

18.

Ramu Saw Son of Lalji Saw, (wrongly mentioned as Shambhu Saw in the order issued by Circle Officer), Resident of Village Pachhatti, Police Station - Bodhgaya, District - Gaya.

19.

Shashi Bhushan Kumar, Son of Rameshwar Prasad, Resident of Village Pachhatti, Police Station Bodhgaya, District Gaya. 20.

Santosh Kumar @ Santosh Gupta, Son of Late Ram Nayan Gupta, Resident of Village Pachhatti, Police Station Bodhgaya, District - Gaya. ... ... Petitioner/s

Versus

Patna High Court CWJC No.7849 of 2026(2) dt.15-05-2026 2/3 1.

The State of Bihar Through the Additional Chief Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna. 2.

The Additional Chief Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.

3.

The District Magistrate, Gaya.

4.

The Deputy Collector Land Reforms, Gaya.

5.

The Circle Officer, Bodhgaya Circle, District - Gaya. 6.

Mahanth Bodhgaya Math, Police Station Bodhgaya, District Gaya, PIN Code 824231.

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

For the Petitioner/s :

Mr. Gajendra Kumar Singh For the Respondent/s :

Government Pleader (14) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 15-05-2026 Heard learned counsel for the petitioners and learned counsel for the respondents.

2. The instant writ application has been filed for the following reliefs:- (i) For setting aside the orders dated 12.05.2026 passed by the Circle Officer, Bodhgaya Circle, Gayaji under Section 6(2) of the Bihar Public Land Encroachment Act, 1956 whereby and whereunder the petitioners have been directed to remove the encroachment till 18.05.2026 as the said land is public land appertaining to Khata No.906, Plot No.4343.

(ii) For stay of the operation of orders dated 12.05.2026 passed by the Circle Officer, Bodhgaya Circle, Gayaji under section 6(2) of the Bihar Public Land Encroachment Act, 1956.

(iii) For directing the respondent authorities,

Patna High Court CWJC No.7849 of 2026(2) dt.15-05-2026 3/3 particularly the respondent no.6 to comply the order dated 13.08.2012 passed in Land Dispute Resolution Case No.130 of 2012-13 by Deputy Collector Land Reforms, Gayaji.

(iv) For any other relief to which the petitioner is found entitled in the facts and circumstances of the case.

3. The respondent-State is directed to instruct the Circle Officer, Bodh Gaya, Gayaji to provide the decision taken under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 to enable the petitioners to file an encroachment appeal before the Collector, Gayaji in accordance with the provisions of the Land Acquisition Act.

4. It is made clear that once such appeal is filed within a period of two weeks from today, status quo shall be maintained till adjudication of the said appeal and further action shall be taken in terms of the order passed in the encroachment appeal.

5. With the aforesaid observations and directions, the writ application stands disposed.

(Ajit Kumar, J) shikha/- U