Ashok Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.317 of 2026 ====================================================== Ashok Kumar Ram Son of Late Mohan Ram, Resident of village- Lohra, P.O.- Badlu Tola, P.S. Chapra Muffasil, District- Saran at Chapra-841414. ... ... Petitioner/s

Versus

1.

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

2.

The Additional Chief Secretary, Department of Revenue and Land Reforms, Government of Bihar, Main Secretariat, Patna. 3.

The Additional Secretary, Department of Home, Government of Bihar, Main Secretariat, Patna.

4.

The Collector-cum-District Magistrate, Saran at Chapra. 5.

The Sub-Divisional Magistrate, Chapra Sadar, Chapra, Saran. 6.

The Deputy Collector Land Reforms, Chapra Sadar, Chapra, Saran. 7.

The Circle Officer, Chapra Sadar, Chapra, Saran. 8.

The Station House Officer, Chapra Muffasil, Saran. 9.

Lal Bahadur Ram, Son of Ram Ikbal Ram, Resident of village- Lohra, P.O.- Badlu Tola, P.S. Chapra Muffasil, District- Saran at Chapra-841414. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jeetendra Narayan, Adv.

For the Respondent/s :

Mr. Md. Irshad, AC to Standing Counsel (1) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 02-07-2026 Heard learned counsel for the petitioners and learned counsel for the Respondent-State.

2. The instant writ application has been filed for the following relief(s):- "(i) That this is an application for grant of appropriate writ(s), order(s), direction(s), to the respondents to remove the encroachment in view of relevant provisions of the Bihar Public Land Encroachment act, 1956 from Public Land/ Pathway/ village

Patna High Court CWJC No.317 of 2026(2) dt.02-07-2026 2/3 Road/ Water body as per khatiyan which are public Land/Rasta/Water body the State of Bihar situated under the district of saran, Circle- Chapra Sadar, Revenue MouzaLohra, Revenue Thana No. 337, Khata No. 120, Khesra/ Survey No. 478 and Khata No.

121, Plot No. 590 which is used as pathway / rasta/ water body and recorded in Khatiyan as Rasta/water body, which is a village road as per village map have been encroached by the respondent 9 by way of personal use upon the above said public land/ way whereupon villagers were using as Pathway for the locality, due to which, the common people/villagers are facing day to day difficulty and obstacles created by the private respondents.

And any other appropriate writs, order(s) direction(s) which your lordship may deem fit and proper".

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

Patna High Court CWJC No.317 of 2026(2) dt.02-07-2026 3/3 Circle Officer, Chapra Sadar, Saran 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 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