Ayodhya Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19349 of 2025 ====================================================== Ayodhya Singh Son of Late Triveni Singh, Resident of Village- Joravarpur (Chhawani), Post-Chand, P.S.- Akhodhigola, District- Rohtas, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

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

3.

The District Magistrate, Rohtas.

4.

The Superintendent of Police, Rohtas.

5.

The Sub Divisional Officer, Dehri, Dist-Rohtas. 6.

The Circle Officer, Akodhigola, District-Rohtas. 7.

Sushila Pandey, W/o Late Santosh Kumar Panday, resident of Village Saufi, Post-Banpokhara, P.S.-Ghosi, Dist-Aajamgarh, Utter Pradesh, at present resident of Banglaw No D/77, Dalmiyanagar, P.S.-Dihari, Dist-Rohtas. 8.

Subha Pandey, W/o Prabhunath Tiwari, D/o Late Santosh Kumar Panday, resident of Village-Narayanpur, Post-Bastipur, P.S.-Indrapuri, Dist-Rohtas. 9.

Surya Pandey, Late Santosh Kumar Panday, resident of Village Saufi, PostBanpokhara, P.S.-Ghosi, Dist-Aajamgarh, Utter Pradesh, at present Resident of Banglaw No D/77, Dalmiyanagar, P.S.-Dihari, Dist-Rohtas. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijay Shankar Choubey, Advocate For the Respondent/s :

Mr. Vikash Kumar, Advocate ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE) 15-12-2025 The present writ application has been filed in the form of a Public Interest Litigation (PIL) for the following relief:

2/4 "i. For issuance of appropriate Writ/Writs, Order/Orders, Direction /Directions in the nature of Writ of Mandamus or any other appropriate Writ directing and commanding the Respondents authorities to restrain the respondent no 7, 8 and 9 from making encroachment of the Government land situated at Mauza-Bank, Thana no-136, Khata no 951, Plot no 834, AnchalAkodhigola, Dist-Rohtas total area 10 acre of land which was earlier of Rohtas industry but later on the same was vested in the state of Bihar under land ceiling act but the private respondent on the basis of forged documents trying to grab the land. ii.

For issuance of appropriate Writ/Writs, Order/Orders, Direction /Directions in the nature of Writ of Mandamus or any other appropriate Writ directing and commanding the Respondents authorities to restrain the respondent no 7, 8 and 9 or their any legal heirs or any other persons to transfer the land the Government land situated at Mauza-Bank. Thana no-136, Khata no 951, Plot no 834, Anchal-Akodhigola, Dist-Rohtas total area 10 acre of land which was earlier of Rohtas Industry but later on the same was vested in the State of Bihar under land ceiling act but the private respondent on the basis of forged documents trying to grab the land.

iii. For issuance of appropriate Writ/Writs, Order/Orders, Direction /Directions in the nature of Writ of Mandamus or any other appropriate Writ directing and commanding the Respondents authorities to cancel the Jamabandi

3/4 created with the name of the husband of the respondent no 7 or created with respondent no 7,8 and 9 of the said land which has been created on the basis of the false and fabricated documents. iv. Pass any other order(s) as this Hon'ble Court may deem fit and proper in the interest of justice."

2. The grievance raised in the writ application is that the private respondents, in collusion with the government authorities, have illegally occupied about 10 acres of public land.

3. In view of this, the petitioner is directed to file a representation before the District Magistrate, Rohtas (respondent No. 3).

4. If such a representation is filed, the District Magistrate (respondent No. 3) shall consider the matter and conduct an appropriate enquiry in accordance with law, after granting due opportunity of hearing to all concerned stakeholders. If it is found that the land is Government land and has been illegally encroached upon, the District Magistrate shall take necessary steps for removal of the encroachment and restoration of the public land.

5. With the aforesaid directions, the present writ application stands disposed of.

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6. Pending application(s), if any, shall stand disposed of.

(Sudhir Singh, ACJ) ( Alok Kumar Pandey, J) Anushka/- U