Naresh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.955 of 2025 ====================================================== Naresh Paswan, Son of Dahur Paswan, Resident of Kishori, Village-Baji Bujurg, P.S.-Sakra, District-Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Collector, Muzaffarpur. 2.

The Additional Collector, Muzaffarpur.

3.

The Sub-Divisional Officer, East Muzaffarpur. 4.

The Deputy Collector Land Reforms, East, Muzaffarpur. 5.

The Circle Officer, Sakra, District-Muzaffarpur. 6.

The S.H.O. Sakra P.S., District-Muzaffarpur.

7.

Binod Choudhary, son of Rajeshwar Choudhary, Resident of VillageKishori, Village-Baji Bujurg, P.S.-Sakra, District-Muzaffarpur. 8.

Shankar Choudhary, son of Late Nathu Choudhary, Resident of VillageKishori, Village-Baji Bujurg, P.S.-Sakra, District-Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raju Kumar, Advocate For the Respondent/s :

Mr.Standing Counsel (4) ====================================================== CORAM: HONOURABLE MR. JUSTICE RANJAN KUMAR JHA ORAL ORDER 10-07-2026 Petitioner has prayed for following relief(s):- "(i) To issue an appropriate order/s, direction/s including a writ preferably in the nature of mandamus commanding upon the Circle Officer, Sakra (hereinafter referred to as respondent No.5) to initiate a proceeding under section 3 of the Bihar Public Land Encroachment Act 1956 to remove the encroachment from the land a pertaining to Khata No.122, 306, Khesra No.306 and 328 measuring an area 0.10 decimal and 0.2 decimal situated in Mauza- Rajo Rampur Bazaria, P.S.- Sakra, DistrictMuzaffarpur which has been encroached by the private respondents.

(ii) To direct the respondent No.6 to remove the encroachment from the abovementioned

Patna High Court CWJC No.955 of 2025(2) dt.10-07-2026 2/2 land taking into account that public at large is facing inconvenience passage through the land.

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

2. Learned counsel for the petitioner has drawn the attention of this Court to the fact that the private respondents have encroached upon public land pertaining to Khata Nos. 122 and 306, Khesra Nos. 306 and 328, measuring 0.10 decimal and 0.20 decimal, respectively, situated in Mauza-Reja Rampur Banzaria, District-Muzaffarpur. The land, recorded as Gairmazarua Aam in the revenue records.

3. Keeping in view the relief(s) prayed for, without going into the merits of the case, this Court directs Respondent No. 5, the Circle Officer, Sakra, District-Muzaffarpur, to enquire about said encroachments and on enquiry if any substance in the contention of petitioner has been found, to proceed in the matter in accordance with law.

4. With the aforesaid observations, this writ application stands disposed of.

(Ranjan Kumar Jha, J) veena/rashmiU