Tripurari Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.524 of 2026 ====================================================== Tripurari Pandey S/o Late Janardan Pandey, R/o Sangita Niwas, Chanakgapuri, Khagaul Road, Garikhana, Dinapur -cum- Khagaul, P.O.- Khagaul, P.S.- Danapur, Patna, Bihar- 801105. ... ... Petitioner/s
Versus
1.
The State of Bihar Through the Principal Secretary, Revenue and Land Reform Department, Government of Bihar, Patna. 2.
The District Magistrate, Patna.
3.
The Superintendent of Police, Patna.
4.
The Sub-Divisional Officer, Danapur, Patna.
5.
The Circle Officer, Danapur, Patna.
6.
The Officer-In-Charge, P.S. Khagaul, Danapur, Patna. 7.
Sarita Devi, W/o Pradip Vishwakarma, R/o- Gali No.- 7, Chanakyapuri Colony, P.O. and P.S.- Khagaul, Danapur, Patna- 801105. 8.
Ved Prasad, S/o Late Yashwant Prasad R/o- Gali No.- 7, Chanakyapuri Colony, P.O. and P.S.- Khagaul, Danapur, Patna- 801105. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kamleshwar Pandey, Advocate Mr. Mayuri, Advocate For the Respondent/s :
Mr. Government Pleader (26) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 03-07-2026 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 direction, order or writ, including a writ in the nature of mandamus commanding the concerned Respondent Authorities to act upon the representation of the petitioner and stop the
Patna High Court CWJC No.524 of 2026(2) dt.03-07-2026 2/3 illegal construction being carried out on the public road by the private respondents and to demolish any such encroachment.
(ii) For issuance of a direction, order or writ, including a writ in the nature of mandamus directing the concerned Respondent Authorities to restore the public road as was sanctioned in the map of the society by stopping and demolishing the illegal construction.
(iii) For issuance of any other relief/reliefs which it may deem to be fit and proper with the facts and circumstances of the present 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, Danapur, Patna, 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.524 of 2026(2) dt.03-07-2026 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 time so allowed under the statute.
5. It is expected that the entire exercise shall be carried out and concluded within three weeks' time from today.
6. With the aforesaid observation and direction, the writ petition stands disposed of.
(Ajit Kumar, J) rajan/- U