Shiv Shekhar Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.556 of 2026 ====================================================== Shiv Shekhar Prasad S/o Uttim Lal Raut, Resident of Village- Kumhara Bishunpur, Tole Deua, P.S.- Dumra, District- Sitamarhi, PIN no.- 843323. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Bihar, Patna. 2.
The Divisional Commissioner, Tirhut Division, Muzaffarpur. 3.
The District Magistrate, Sitamarhi.
4.
The Senior Superintendent of Police, Sitamarhi. 5.
The Deputy Collector Land Reforms, Sitamarhi. 6.
The Sub Divisional Magistrate, Sitamarhi Sadar, District- Sitamarhi. 7.
The Circle Officer, Dumra, Dist.- Sitamarhi.
8.
The S.H.O, P.S.- Dumra, Dist.- Sitamarhi.
9.
The S.D.O., Electric Supply Dumra, Dist.- Sitamarhi. 1st Set respondents 10.
Ram Bharosh Raut, S/o Late Rajendra Raut 11.
Usha Devi, W/o Ram Bharosh Raut 12.
Ramshreshtha Raut @ Ram Shirishth Raut, S/o Late Mahendra Raut 13.
Kishori Raut, S/o Late Mahendra Raut 14.
Santosh Kumar, S/o Ramprit Raut 15.
Sanehi Ruat, S/o Late Siyalal Raut 16.
Rampravesh Raut, S/o Ramprit Raut 17.
Rudal Ruat, S/o Birju Raut 18.
Arvind Singh, S/o Kapildeo Singh Respondent no.s10 to 18 are Resident of Village- Kumhara Bishunpur, Tole Deua, P.S.- Dumra, District- Sitamarhi, PIN no.- 843323. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dr. Bipin Chandra, Advocate For the Respondent/s :
Mr. Ravi Kumar, AC to GP 13 Mr. Akshay Lal Prasad, AC to GP 13 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 27-01-2026 Heard Mr. (Dr.) Bipin Chandra learned counsel appearing on behalf of the petitioner and Mr. Ravi Kumar
Patna High Court CWJC No.556 of 2026(2) dt.27-01-2026 2/3 and Mr. Akshay Lal Prasad, learned ACs to GP 13 for the State.
2. Petitioner has inter alia prayed for following reliefs in the paragraphs No.1 of the writ petition:- "That the instant application is being filed for issuance of appropriate writ(s) thereby directing and commanding the authorities of the State respondents to remove the encroachment over the land of petitioner situated at Mauza- Kumhara Bishunpur, Khata No.1158, Sarve No.8958 & 8959, Rakwa 8.5 decimal & 8.5 decimal, P.S. Dumra, Circle- Dumra, District- Sitamarahi which has been erecting the bamboo walls and huts and also taken electric connection on said plot illegally by the 2nd respondents.
For consequently directing the authorities of the State respondents to remove the entire encroachment form the said land as land of petitioner done measurement to construction of boundary wall and house.
For grant of any other reliefs which the petitioner may be entitled to in the facts and circumstances of this case."
3. Learned counsel appearing on behalf of petitioner submits for the relief as sought for in the present writ petition the petitioner seeks to file a detailed representation for redressal of his grievance before the District Magistrate, Sitamarhi and the same may be disposed of in light of order passed by this Court in CWJC No.348 of 2026 ( Krishna Devi Vs. State of Bihar & Ors.)
4. Considering the aforesaid specific submission made on behalf of the petitioner, the District Magistrate, Sitamarhi, is directed to examine the petitioner's case in respect of the land in
Patna High Court CWJC No.556 of 2026(2) dt.27-01-2026 3/3 question through the Circle Office and ascertain whether any encroachment has been made thereon. If it is found that unauthorized persons have occupied the land, then in that case, the law shall take its own course. If the District Magistrate allows to give acceptance of such high-handedness action then there will be no respect for the rule of law and unlawful elements must be dealt with strictly in accordance with due process of law.
5. The writ petition is, accordingly, disposed of.
6. Interlocutory Application(s), if any, also stands disposed of.
(Purnendu Singh, J) Sanjay/- U