Ramashray Chouhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12914 of 2025 ====================================================== Ramashray Chouhan Son of Late Ramroup Chouhan, Resident of VillageRamgarh, P.O.- Mopha, P.S. - Mehus, District- Sheikhpura. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate, Sheikhpura.

3.

The Sub Divisional Officer, Sheikhpura.

4.

The Circle Officer, Circle Office, Ghat Kusumbha, Sheikhpura. 5.

Dukhi Mistri, Son of Late Mado Mistri, Resident of Village- Ramgarh, P.O.- Mopha, P.S. - Mehus, District- Sheikhpura.

6.

Kundan Mistri, Son of Late Krishn Mistri, Resident of village- Ramgarh, P.O.- Mopha, P.S.- Mehus, District- Sheikhpura. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amresh Kumar, Adv.

For the Respondent/s :

Mr.Government Pleader (22) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 12-05-2026 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):- "I. For issuance of writ in the nature of Mandamus for a direction to the respondent authorities to remove the encroachment made in Khata No. 131, Khesra No. 09 (Gair Majarua

Patna High Court CWJC No.12914 of 2025(2) dt.12-05-2026 2/3 Land) situated at Village- Ramgarh which has been encroached by the local villagers and due to that the local inhabitants facing hardship."

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, Ghat Kusumbha, Sheikhpura, 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.

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.

Patna High Court CWJC No.12914 of 2025(2) dt.12-05-2026 3/3

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

(Ajit Kumar, J) rishi/- U