Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.142 of 2026 ====================================================== Ajay Kumar Son of Late Kamleshwari Rajak, Resident of Village and Post Office- Pathra, Police Station - Barahat, District- Banka. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate-cum-Collector, Banka. 3.

The Deputy Collector Land Reforms, Banka.

4.

The Sub Divisional Officer, Banka.

5.

The Superintendent of Police, Banka.

6.

The Circle Officer, Banka Circle, Banka.

7.

The Station House Officer of Banka Police Station, Banka. .. ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

For the Respondent/s :

Mr. Mahendra Pd. Verma, AC to SC (20) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 25-06-2026 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):- "(i) For issuance of writ / writs in the nature of mandamus commanding the respondents to immediately remove the encroachment of the land sitated in Khata No. 452, Khesra No. 451, area 0.2350 hectare type Dhanhard which is registered as Gairmajarua Aam in the account of the Government of Bihar has been encroached by the local anti-social elements.

Patna High Court CWJC No.142 of 2026(2) dt.25-06-2026 2/2 (ii) For any other relief / reliefs to which the petitioner is found entitled in the facts and circumstances of the case".

3. The petitioner is directed to file a detailed representation giving full details of the land under encroachment in continuation with the earlier representation filed before the District Magistrate, Banka with all supportive materials and the very records which the petitioner proposes to get the same adjudicated at the level of the appropriate authority, and on filing of the same, the Circle Officer, Banka Circle, Banka shall make enquiry and on finding the land in question to be a public land/Government land, in such event, after issuance of 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 the same shall be made encroachment free within the period of three months.

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

(Ajit Kumar, J) perwez U