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2025 DAILYLAW 4213 (PAT)

Binod Kumar @ Binod Kumar Sah v. The State of Bihar

CWJC/15913/2025 · 2026-05-04

Ajit Kumar

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15913 of 2025 ====================================================== Binod Kumar @ Binod Kumar Sah S/o- Tetar Sah, Resident of Village- Babhangama, P.S- Triveniganj, District- Supaul. ... ... Petitioner/s Versus 1. The State of Bihar Through The Chief Secretary, Govt. of Bihar, at Old Secretariat, P.O- GPO, P.S.- Sachiwalay, District- Patna. 2. The Additional Chief Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna, at Vikas Bhawan, P.O- Punaichak, P.S- Shastrinagar, District- Patna. 3. The District Magistrate, Supaul, P.O, P.S and District- Supaul. 4. The Subdivisional Magistrate, Supaul, P.O, P.S and District- Supaul. 5. The Circle Officer, Anchal-Triveniganj, P.O. and P.S- Triveniganj, District- Supaul. 6. Shri Ramesh Thakur, S/o Ramdev Thakur, Resident of Village- Babhangama, P.S.- Triveniganj, District- Supaul. 7. Shri Dinesh Thakur, S/o Ramdev Thakur, Resident of Village- Babhangama, P.S.- Triveniganj, District- Supaul. 8. Shri Bhogendra Thakur, Son of Late Chintu Thakur, Resident of Village- Babhangama, P.S.- Triveniganj, District- Supaul. 9. Umesh Thakur, Son of Late Chintu Thakur, Resident of Village- Babhangama, P.S.- Triveniganj, District- Supaul. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Anisha Sinha For the Respondent/s : Mr.Addl. Advocate General 05 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 2 04-05-2026 In view of the submissions so made, the defect(s) as pointed out by the Office / Stamp Reporter is hereby ignored. 2. Learned counsel for the petitioner, by filing a mention slip, seeks permission to make necessary corrections in the paragraph 1 / relief portion of the writ petition. 3. Permission is duly granted. Patna High Court CWJC No.15913 of 2025(2) dt.04-05-2026 2/3 4. Office / Registry is directed to make necessary corrections in the relief portion of the writ petition, in reference to the mention slip filed by the petitioner. 5. The instant writ application has been filed for the following relief(s):- i. For a direction to the respondent no. 5 (Circle Officer, Triveniganj) to conclude the encroachment case no. 02/2019-20 on its logical conclusion with regard to remove the encroachment over situated at Mauza Thana No. Tauzi No. Khata No. Khesra No. Area Babhangama 271 532 188 1183 60 feet The nature of the land is Gairmajarua Aam which is the flank land in between road and house of the petitioner which is public land. ii. To grant any other relief/ reliefs for which the petitioner he entitle to get in the eye of law. 6. 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. 7. It is expected that once such an application for removal of the encroachment is filed by the petitioner, then the Circle Officer, Triveniganj, will initiate the appropriate Patna High Court CWJC No.15913 of 2025(2) dt.04-05-2026 3/3 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 time so allowed under the statute. 8. It is expected that the entire exercise shall be carried out and concluded within the time stipulated under the Act from the date of initiation of proceeding under Section 3 of the Bihar Public Land Encroachment Act, 1956. 9. With the aforesaid observation and direction, the writ petition stands disposed of. sharun/- (Ajit Kumar, J) U