IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.21731 of 2018 ====================================================== Sahadur Choudhary S/o Dharmi Choudhary, R/o Village- Indarwa P.S. Thawe, Anchal Manjha, District Gopalganj. ... ... Petitioner/s Versus 1. The State Of Bihar 2. The Commissioner, Saran Division at Chapra, District Saran at Chapra. 3. The Collector, District Gopalganj. 4. The Sub Divisional Officer, District- Gopalganj. 5. The Circle Officer, Manjha, District Gopalganj. 6. The Block Development Officer, Block Manjha, District Gopalganj. 7. The Anchal Amin, Anchal Manjha, District Gopalganj. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Shailendra Kumar Dwivedi, Advocate For the Respondent/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11 19-02-2026 Heard Mr. Shaildendra Kumar Twivedi, learned counsel for the petitioner. The State is unpresented. 2. The present petition has been preferred for the following relief/s: (i) for issuance of an appropriate writ/order/direction including the writ in the nature of certiorari to quashing the impugned notice dated 21.09.2018 as contained in Annexure-3 issued under the signature of Circle Officer Manjha, Distt Gopalganj i.e. respondent no. 5 by which Patna High Court CWJC No.21731 of 2018(11) dt.19-02-2026 2/5 without initiating any land Encroachment Case he holds that petitioner encroached 1 dhurs of rasta pertaining to Thana No, 106, Khata No. 75, Khesra No. 265 situated village- Indarwa, P.S. Thawe, Anchal Manjha, Distt Gopalganj and directed the petitioner to file at his show-cause reply; (ii) for issuance of an appropriate writ/order/direction including the writ in the nature of mandamus to commanding/directing the official respondents to measure the lands of the petitioner at his own cost pertaining to Khata No. 73, Khesra No. 316, Area 16 dhurs situated at Village Indarwa, P.S. Thawe, official Dist-Gopalganj because respondents themselves constructed the village internal road upon the lands of the petitioner on mutual consent and now harassing the petitioner; (iii) for issuance of an appropriate writ in the nature of certiorari for quashing Patna High Court CWJC No.21731 of 2018(11) dt.19-02-2026 3/5 impugned notice dated 15.10.2018 issued under the signature of respondent no. 5 i.e. the Circle Officer, Manjha, Dist Gopalganj by which directed the petitioner to remove his alleged encroachment till 25.10.2018 from the land pertaining to Thana No. 106, Khata No. 75, Khesra No. 265 of Village Indarwa, P.S., Thawe, District Gopalganj; (iv) for grant of other relief(s) in the facts and circumstances of the case. 3. Learned counsel for the petitioner straight away taken this Court to the counter affidavit filed on behalf of respondent nos. 03 to 05 duly signed by the Circle Officer, Manjha, Gopalganj with specific reference to paragraphs 10 and 11 which read as follows: 10. that it is humbly reiterated that first, no order requisite under section 6(1) of the Act, 1956 has been passed pertaining to land in question by the then Circle Officer in Encroachment Case No.01/2018-19, which is highly Patna High Court CWJC No.21731 of 2018(11) dt.19-02-2026 4/5 regrettable; as a result, the same could not be placed on record before the Hon'ble Court, second, currently a public rural road, is running through Khesra No.265 and 336 which is also passing through North-East part of Khesra No.316 upon 0-0-1.5 dhurs, which is a Raiyati land of the petitioner; 11.that the answering respondent No.5 do hereby tenders apology for unintentional and accidental act of omission done by the then Circle Officer, Manjha. The incumbent Circle Officer, Manjha craves leave of the Hon'ble High Court to institute a fresh Encroachment Case upon the land in question and assures the Hon'ble High Court for abiding the due process and the procedures laid down in the Act, Patna High Court CWJC No.21731 of 2018(11) dt.19-02-2026 5/5 1956. 4. When the State respondent have themselves recorded that there has been error and they be allowed opportunity to move in accordance with law, nothing remains. 5. The order dated 21.09.2018 passed by the Circle Officer Manjha, Distt Gopalganj, respondent no. 5 stands quashed. 6. The writ petition is disposed of granting liberty to the respondents to act afresh in the matter. Ravi/- (Rajiv Roy, J) U