Phuliya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.26 of 2026 ====================================================== Phuliya Devi Wife of Vishwanath Choudhary, Resident of Village- Dorma Teliyari Tola Gram Panchayat- Aukahi Ward No. 05, P.S.- Bihra, DistrictSaharsa. ... ... Petitioner/s

Versus

1.

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

The Commissioner, Koshi Division Saharsa.

3.

The District Magistrate, Saharsa.

4.

The Sub-Divisional Officer, Saharsa.

5.

The Circle Officer, Sattar Kataiya, District- Saharsa. 6.

Arvind Choudhary, Son of Saryug Chudhary, Resident of Village- Dorma Teliyari Tola Ward No. 05, Gram Panchayat Aukahi, District- Saharsa. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amarnath Jha, Adv.

For the Respondent/s :

Government Pleader (17) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 25-06-2026 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 direction upon the respondents to initiate encroachment proceeding against the encroachment on the public Road bearing Kheshra No. 2100 which passes through Dorma Teliyari Tola to Bihra under village Dorma Teliyari Tola gram Panchayat- Aukahi P.S. Bihra Circle

Patna High Court CWJC No.26 of 2026(2) dt.25-06-2026 2/3 Sattar Kataiya District- Saharsa after proper measurement.

II) For direction upon the Respondents to measure the land/Road aforesaid.

(III) For any other relief(s)/direction(s) to which the petitioner may be found entitled in the facts and circumstances of the case."

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, Sattar Kataiya District- Saharsa, 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.

Patna High Court CWJC No.26 of 2026(2) dt.25-06-2026 3/3

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.

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

(Ajit Kumar, J) perwez U