Shatrunjay Prasad Singh @ Kanhaiya Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14828 of 2025 ====================================================== Shatrunjay Prasad Singh @ Kanhaiya Singh Son of Late Chandrashekhar Singh, resident of village- Sarathuan, P.S. Udwant Nagar, District- Bhojpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through Collector, Bhojpur, Ara. 2.

The Collector, Bhojpur, Ara.

3.

The S.D.O. Sadar Ara cum District Public Complaint Redressal Officer, P.S. Ara Town, District- Bhojpur.

4.

B.D.O., Udwant Nagar, P.S.- Udwant Nagar, District- Bhojpur. 5.

The Circle Officer, Block- Udwant Nagar, P.S.- Udwant Nagar, DistrictBhojpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shivam Aniket, Advocate For the Respondent/s :

Mr. Standing Counsel (13) Mr. Bijay Bhushan Prasad, AC to SC-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 17-04-2026 Heard learned counsel for the petitioner and learned counsel for the State.

2. The writ petition has been filed for the following reliefs :-

1. That this an application for issuance of a writ/rule of direction to the respondents authorities particularly to respondent no. 05 conclude the Encroachment Case No.02/2024-25 filed by the petitioner and the villagers by removing the encroachment made upon the land of Khesara No. 1907, 1911 & 1930 of Khata No.914 situated under Mauza Sarathua, P.S. Udwantnagar. District Bhojpur, since the said land is public land and used as Aahar with Alang (Rasta) for the villagers but

Patna High Court CWJC No.14828 of 2025(2) dt.17-04-2026 2/3 the said case is pending till year 2024 before the respondent no.05 and also for grant the relief for which the petitioner is found entitled.

3. Learned counsel for the petitioner submits that on the application made by the petitioner, Encroachment Case No.02/2024-25 initiated under Section 3 of the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to the 'Act of 1956') has been registered and notices under Section 3 of the Act of 1956 has also been issued but, till date, for no prudent reason, the further proceedings have not been resorted for taking a final decision in the aforementioned Encroachment Case.

4. On the other hand, learned counsel for the State submits that proceedings have already been initiated on the basis of application filed by the petitioner and the authorities may be directed to conclude the same, as notices to all concerned under Section 3 of the Bihar Public Land Encroachment Act, 1956, have already been issued.

5. Considering the submission of the parties, this Court finds it appropriate to direct the The Collector, Bhojpur, Ara, to issue necessary direction upon the concerned authorities for initiating 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,

Patna High Court CWJC No.14828 of 2025(2) dt.17-04-2026 3/3 adjudicating the issues raised by the petitioner, and to take a final decision in the matter and in case, the land in question is found to be a public land under encroachment, the same shall be made encroachment free within the time so allowed under the statute.

6. Accordingly, the writ petition stands disposed of. (Ajit Kumar, J) sharun/- U