Arun Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.547 of 2026 ====================================================== Arun Kumar Mishra S/o Laxmi Kant Mishra, R/o Village- Maladh, Ward No. 11, P.S. Kishanpur, District- Supaul, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

Additional Chief Secretary, Department of Revenue and Land Reforms, Bihar, Patna.

3.

Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna. 4.

District Magistrate, Supaul.

5.

Additional Collector, Supaul.

6.

Deputy Commissioner Land Revenue, Supaul.

7.

Sub-Divisional Officer (Civil), Supaul.

8.

Sub-Divisional Public Grievance Redressal Officer, Supaul. 9.

Circle Officer, Kishanpur, District- Supaul.

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

For the Petitioner/s :

Mr.Prabhakar Singh, Adv.

For the Respondent/s :

Government Pleader (06) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 09-07-2026 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):- "1. That this writ application is being preferred for issuance of an appropriate writ/writs in the nature of Mandamus commanding upon the respondents to remove encroachment in village Maladh, Thana No. 84 Purana Khata 415, 1. Purana Khesra 5437(part i.e.

petitioner's house SE corner to village

Patna High Court CWJC No.547 of 2026(2) dt.09-07-2026 2/3 Abhuar boundary),2. Khesra 5549,3. Khesra No. 5380,4. Khesra No 5924, 5. Khesra No.

5372, situated in Village Maladh, 6. Khesra No. 4938, 7. Khesra No. 5064 situated in village Abhuar Thana No 81, circle office Kishanpur, District Supaul which is a public road and after removal of encroachment and demarcation restore the public road funded by the State exchequer and encroached by the villagers, causing hardships to the common people, is directed in the following 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, Kishanpur, Supaul 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

Patna High Court CWJC No.547 of 2026(2) dt.09-07-2026 3/3 question, is a public land and the same has been encroached by the private persons, the same shall be made encroachment free within the period of three months.

5. It is expected that the entire exercise shall be carried out and concluded within the time so specified 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