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Patna High CourtCWJC/309/2025disposed

Ghanshyam Kumar v. The State Of Bihar

2026-07-02Mr. Justice Ajit Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.309 of 2025 ====================================================== Ghanshyam Kumar Son of Late Ashok Prasad Chaurasiya, Resident of Village-Ward No. 12, Baraitola, P.S.-Govindganj, District-East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Collector, East Champaran, Motihari. 2.

The Block Development Officer, Areraj Block, East Champaran, Motihari. 3.

The Circle Officer, Areraj Block, East Champaran, Motihari. 4.

Fulena Sahani, son of Kari Sahani, resident of Village-Chaudiasthan, P.S.- Govindganj, District-East Champaran.

5.

Ramdarath Sahani, son of Gamar Sahani, resident of Village-Chaudiasthan, P.S.-Govindganj, District-East Champaran.

6.

Mahendra Paswan, son of Ugar Paswan, resident of Village-Chaudiasthan, P.S.-Govindganj, District-East Champaran.

7.

Ramsunar Paswan, son of Jeeta Paswan, resident of Village-Chaudiasthan, P.S.-Govindganj, District-East Champaran.

8.

Yamuna Paswan, son of Jeeta Paswan, resident of Village-Chaudiasthan, P.S.-Govindganj, District-East Champaran.

9.

Lalu Paswan, son of Jeeta Paswan, resident of Village-Chaudiasthan, P.S.- Govindganj, District-East Champaran.

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

For the Petitioner/s :

Mr.Prateek Tandon, Advocate For the Respondent/s :

Government Pleader (4) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 02-07-2026 Heard learned counsel for the petitioner and learned counsel for the Respondents.

2. The instant writ application has been filed for the following relief(s):-

1. That this is an application for issuance for an appropriate writ commanding the Respondents to remove to encroachment from the Public road bearing "Khata No. 106 and 86" and "khesera No.

Patna High Court CWJC No.309 of 2025(2) dt.02-07-2026 2/3 115 and 116" which has been illegally encroached by the private respondents and due to the said encroachment, the movement of vehicles has been closed as well as petitioner along with other villager's are facing lots of trouble.

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, Areraj Block, East Champaran, Motihari will initiate the appropriate proceeding under Section 3 of the Bihar Public Land Encroachment Act, 1956 and, after giving notices 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

Patna High Court CWJC No.309 of 2025(2) dt.02-07-2026 3/3 the Bihar Public Land Encroachment Act, 1956.

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

(Ajit Kumar, J) surya/- U