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Patna High CourtCWJC/801/2025disposed

Arbind Singh v. The State Of Bihar

2026-03-18Mr. Justice Ajit Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.801 of 2025 ====================================================== Arbind Singh Son of Late Gopalji Singh, Resident of Village- Mangalpur, Gudaria Ward No. 08, P.S.- Nautan, District- West Champaran. ... Petitioner/s

Versus

1.

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

The District Magistrate, West Champaran, at Bettiah. 3.

That Sub- Divisional Officer, Sadar, Bettiah, West Champaran. 4.

The Circle Officer, Circle Nautan, District- West Champaran, Bettiah. 5.

The Officer-in-Charge, Police Station Nautan, District West Champaran at Bettiah.

6.

Anil Singh, Son of Late Nageshwar Singh, resident of Village Mangalpur, Gudaria Ward No. 05, P.S. Nautan District- West Champaran at Bettiah. 7.

Sunil Singh, Son of Late Gorakh Singh, resident of Village Mangalpur, Gudaria Ward No. 05, P.S. Nautan District- West Champaran at Bettiah. 8.

Vinay Singh, Son of Late Madho Singh, resident of Village Mangalpur, Gudaria Ward No. 05, P.S. Nautan District- West Champaran at Bettiah. 9.

Ajay Singh, Son of Late Shivjee Singh, resident of Village Mangalpur, Gudaria Ward No. 05, P.S. Nautan District- West Champaran at Bettiah. 10.

Jitendra Singh, Son of Late Shivjee Singh, resident of Village Mangalpur, Gudaria Ward No. 05, P.S. Nautan District- West Champaran at Bettiah. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jainendra Kumar Pushkar, Adv.

For the Respondent/s :

Standing Counsel (4) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 18-03-2026 Heard learned counsel for the petitioner and learned counsel for the Respondent-State.

2. Learned counsel for the petitioner is permitted to make necessary corrections in paragraph-1 of the writ petition.

3. The instant writ application has been filed for the following relief(s):- "(i) For issuance of an

Patna High Court CWJC No.801 of 2025(2) dt.18-03-2026 2/3 appropriate writ/ writs/order/orders/ direction/ directions/ directing and commending the respondent to remove the encroachment (Gair Mazura aam Land) (Annx-1) encroached by Respondent no. 6 to 10, on the land bearing Khata no 08, Plot No 1286, Mauza Mangalpur, Gudaria, area 30 dhur land Anchal Nautan, District West Champaran.

(ii) For issuance of an appropriate writ/ writs order/orders directing and commanding Respondents to initiate encroachment proceeding against the encroachment Respondent no. 6 to 10 and their after removal of encroachment from the land in question protest Public Road from the encroachments.

(iii) For any other relief/ reliefs of which the petition is legally entitled to".

4. 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

Patna High Court CWJC No.801 of 2025(2) dt.18-03-2026 3/3 over the land and creating obstruction over the public road by blocking the same.

5. It is expected that once such an application for removal of the encroachment is filed by the petitioner, then the Circle Officer, Circle Nautan, West Champaran, Bettiah 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.

6. 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.

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

(Ajit Kumar, J) perwez U