Shankar Jee Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1948 of 2025 ====================================================== Shankar Jee Dubey Son of Kailashpati Dubey, resident of Village - Sajna, P.O. - Makriya, P.S. - Mairwa, District- Siwan.

... ... Petitioner/s

Versus

1.

The State of Bihar through District Magistrate, Siwan. 2.

The District Magistrate, District - Siwan.

3.

The Addl. Collector, District- Siwan.

4.

The Sub-Divisional Officer, Siwan Sadar, 5.

The Circle Officer, Jeeradei, District - Siwan. 6.

Ghanshyam Dubey, Son of Ramavtar Dubey, resident of Village- Sajna, P.O. - Makriya, P.S.- Mairwa, District - Siwan.

7.

Shambhu Debey, Son of Briksha Deubey, resident of Village- Sajna, P.O. - Makriya, P.S.- Mairwa, District - Siwan.

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

For the Petitioner/s :

Mr. Raghav Prasad, Adv.

:

Ms. Urmila Kumari, Adv.

For the State :

Mr. Santosh Chandra Bhaskar (AC to GP11) ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH KUMAR ORAL ORDER 06-07-2026 Heard Mr. Raghav Prasad and Ms. Urmila Kumari, learned Advocates for the petitioner and Mr. Santosh Chandra Bhaskar, learned AC to GP11 for the State.

2. The petitioner in the present writ application has prayed for the following relief/reliefs :- i) For issuance of a writ in the nature of Mandamus, or any other appropriate writ/writs, order/orders, direction/directions for commanding and directing the respondent authorities for strict compliance of the order dated 19.04.2024 passed by the respondent District Magistrate-Siwan cum Second Appellate Authority passed in Public Grievances Redressal Case No.

Patna High Court CWJC No.1948 of 2025(2) dt.06-07-2026 2/2 516110118092304182/2A (Shankar Ji Dubey vs Anchaladhikari, Jeeradei), by which the respondent District Magistrate has directed to remove the encroachment of Road No. 110.

ii) For issuance of a writ/writs, order/orders for commanding and directing the respondent Circle Officer, Jeeradei, to early disposal of the Encroachment Case No. 07/2023-34 according to the provision of the Bihar Public Land Encroachment Act, 1956, and direct the private respondents no. 6 and 7 to remove the encroachment they have committed on public road (Gair Majurwa AaamRasta). iii) For issuance of any other appropriate writ or writs under the facts and circumstance of the case, in favour of the petitioner.

3. The writ application has been filed on 20.12.2024 with the service of copy to the office of learned Advocate General, Patna, Bihar.

4. No counter-affidavit has been filed as yet .

5. With acceptance of submission made on behalf of the petitioner that the encroachment has not been removed, this Court directs that respondent no. 5 i.e. the Circle Officer, Jeeradai, Siwan to remove the encroachment at Road no. 110 and to conclude the proceeding of Encroachment Case No. 07 of 2023-24, if not concluded, within a period of 4 weeks from the date of this order.

6. The writ application is disposed of accordingly. (Vikash Kumar, J) Ashwin/- U