Badamia Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17515 of 2025 ====================================================== Badamia Devi W/o Late Rawan Ravidas Resident of Village- Karhara, P.S.- Jhajha, District- Jamui.

... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate cum Collector, Jamui. 2.

The Sub Divisional Officer cum Sub Divisional Public Complain Redressal Officer, Jamui.

3.

The Circle Officer, Jhajha, Dist.- Jamui.

4.

Prasadi Ravidas @ Prasad Ravidas S/o Yovraj Ravidas Resident of Vill.- Karhara, P.S.- Jhajha, District- Jamui.

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

For the Petitioner/s :

Mr. Rabindra Kumar For the Respondent/s :

Government Pleader (07) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 31-07-2026 Heard learned counsel for the petitioner and learned counsel for the State.

2. The instant writ application has been filed for the following reliefs:- (i) For directing the Circle Officer/ respondent no.3 to comply the order dated 13.12.2022 passed by the District Magistrate cum collector respondent no.1, in Encroachment Appeal Case No.01/2020 as contained in Annexure-P/1 which he directed the Circle Officer respondent no.3 to get the disputed public land bearing Khata No.98 plot no.1564 area 1.5 decimal measured by Anchal Amin in his presence and after measurement, it is found that public land has been encroached, then he will make the public land free from encroachment under the provision of Bihar Public Land Encroachment Act, 1956.

(ii) For any other relief(s) for which the petitioner is found entitled to.

Patna High Court CWJC No.17515 of 2025(2) dt.31-07-2026 2/3

3. Learned counsel for the petitioner submits that despite the order passed by the District Magistrate-cumCollector, Jamui in Encroachment Appeal Case No. 01 of 2020, no effective steps have been taken by the Circle Officer, Jhajha, District- Jamui for measurement of the land in question and for removal of the alleged encroachment. It is submitted that the order passed by the appellate authority still remains unimplemented.

4. Learned counsel for the State submits that if the petitioner files a fresh representation before the Circle Officer, Jhajha, Jamui, along with a copy of the order passed in Encroachment Appeal Case No. 01 of 2020, the same shall be considered in accordance with law.

5. Considering the submissions advanced on behalf of the parties, this Court finds it appropriate to direct the petitioner to file a fresh representation before the Circle Officer, Jhajha, Jamui within a period of four weeks from today, along with a copy of this order as well as the order passed in Encroachment Appeal Case No. 01 of 2020.

6. If such a representation is filed, the Circle Officer, Jhajha, Jamui shall examine the grievance of the petitioner, verify the records and the status of the land in question and take

Patna High Court CWJC No.17515 of 2025(2) dt.31-07-2026 3/3 appropriate steps in accordance with law. If required, appropriate proceedings under Section 3 of the Bihar Public Land Encroachment Act, 1956 shall be initiated 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 period of three months.

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

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

(Ajit Kumar, J) shikha/- U