Vindhyachal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.326 of 2026 ====================================================== Vindhyachal Singh Son of Late Ramjanam Singh, (Representative of Sarpanch), Resident of Village- Jaipur, P.S- Mali Anchal- Navinagar, DistrictAurangabad (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar.

2.

The Principal Secretary, Revenue and Land Reform Department Govt. of Bihar, Patna.

3.

The District Collector, Aurangabad (Bihar).

4.

The Circle Officer, Navinagar, Aurangabad (Bihar). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Birendra Kumar Singh For the Respondent/s :

Mr. Randhir Kumar, AC to Standing Counsel (18) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 02-07-2026 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):- "(i) For issuance of a writ in the nature of mandamus for commanding and directing to the Respondent No. 4 (Circle Officer, Navinagar) to lodge an encroachment case in the light of application dated 28.06.2017 filed by the petitioner as a public petition before Circle Officer, Navinagar, Aurangabad.

(ii) For further direction to the Circle Officer, Navinagar (Respondent No.

Patna High Court CWJC No.326 of 2026(2) dt.02-07-2026 2/3

4) after lodging an encroachment case measurement of the encroached land i.e. Plot No. 617, 577, 578 be done instantly.

(iii) For further direction to the respondent no. 4 after measurement encroached Aam Land be removed instantly which is public road.

(iv) For passing such other order(s) which your lordships may deem fit and proper.

3. The petitioner is directed to file a fresh representation, in continuation with the earlier representation filed earlier, 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, Navinagar, Aurangabad 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

Patna High Court CWJC No.326 of 2026(2) dt.02-07-2026 3/3 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