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2024 DAILYLAW 2441 (PAT)

Abhay Kumar v. The State of Bihar

CWJC/3284/2024 · 2026-08-17

Rajiv Roy

Public Interest Litigationbody2024

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3284 of 2024 ====================================================== Abhay Kumar son of Kapil Dev Singh, resident of Village-Pirapur Mathura, P.O.-Pirapur, P.S.-Goraul, District-Vaishali. ... ... Petitioner/s Versus 1. The State of Bihar through the Additional Chief Secretary, Revenue and Land Reforms Department, Government of Bihar, New Secretariat, Patna. 2. The District Magistrate cum Collector, District-Vaishali at Hajipur. 3. The Superintendent of Police, District-Vaishali at Hajipur. 4. The Deputy Collector cum Land Reforms, Mahua, Vaishali. 5. The Circle Officer, Goraul, Vaishali. 6. The Thanadhyaksha Goraul Police Station Goraul, Vaishali. 7. Sudistha Singh, son of Punit Singh, resident of Village-Pirapur Mathura, P.S.-Goraul, District-Vaishali. 8. Radhe Shyam Singh, son of Virchandra Singh, resident of Village-Pirapur Mathura, P.S.-Goraul, District-Vaishali. 9. Sita Ram Singh, son of Virendra Singh, resident of Village-Pirapur Mathura, P.S.-Goraul, District-Vaishali. 10. Raja Kumar, son of Sita Ram Singh, resident of Village-Pirapur Mathura, P.S.-Goraul, District-Vaishali. 11. Gulsan Kumar, son of Radhe Shyam Singh, resident of Village-Pirapur Mathura, P.S.-Goraul, District-Vaishali. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Dr. Bipin Chandra, Advocate For the Respondent/s : Mr.Government Pleader 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 4 17-08-2026 Heard learned counsel for the petitioner and the State as also the respondents. 2. The present petition has been preferred for the following relief/s: (i) for issuance of a writ of mandamus or any other appropriate writ/writs. order/ Patna High Court CWJC No.3284 of 2024(4) dt.17-08-2026 2/3 orders, direction/directions commanding the concerned respondent Nos. 5 and 6 to remove the wall built by the private respondent Nos.7 to 11 illegally over the land of the petitioner situated at Mauza- Pirapur Mathura, Thana No.-50, Khata No.- 317, Plot No.-4355, Circle- Goraul, District- Vaishali close in collusion with the C.O. and the local police station by preparing fake and false demarcated map and measurement unit by the Government/Block Amin. There are several representations given to the concerned respondent authorities but they have been flouting the provisions of section 133 of Cr.P.C. and the Bihar Encroachment Act & Rules since the illegal construction over the land of the petitioner is abinitio void and for that the concerned respondents be directed to demolish the wall which is being erected forcibly and the road for the petitioner has been blocked; (ii) the respondent No.5 further be directed Patna High Court CWJC No.3284 of 2024(4) dt.17-08-2026 3/3 to the map available on the Government Survey Office i.e. Bihar Survey Office, Gulzarbagh, Patna (vide Annexure-P/9). 3. Mr. Siya Ram Shahi, representing the petitioner submits that he shall be preferring an appropriate petition under section 118(2) of the Bihar Tenancy Act before the respondent no.05, the Circle Officer, Goraul, Vaishali. 4. As recorded above, the respondent nos. 07 to 11 are present here and if such petition is preferred in next four weeks, the concerned respondent shall see to it beside the present respondents the others who may also have to be heard, notices be issued to them and thereafter, the matter should be taken to its logical conclusion by 31.12.2026. 5. The writ petition is disposed of with the aforesaid observation. Ravi/- (Rajiv Roy, J) U