IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2015 of 2017 ====================================================== Kamleshwari Prasad Chaurasia son of Late Dashrath Modi resident of mohalla Pithdauri ward no. 11, P.O. and P.S. Sultanganj, District - Bhagalpur. ... ... Petitioner/s Versus 1. The State Of Bihar 2. The Commissioner, Bhagalpur Division, Bhagalpur. 3. The District Magistrate, Bhagalpur. 4. Deputy Development Commissioner, Bhagalpur. 5. The Executive Officer, Nagar Parishad Sultanganj, District Bhagalpur. 6. Junior Engineer, Nagar Parishad Sultanganj P.O. and P.S. Sultanganj, District Bhagalpur. 7. Circle Officer, Sultanganj, P.O. and P.S. Sultanganj, District - Bhagalpur ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Dr. Manoj Kumar, Advocate For the Respondent/s : Mr.Vikash Kumar - Sc11 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 6 16-07-2025 The learned counsel for the petitioner, the respondent- State and learned counsel for the respondent no.5 are present. 2. This writ application has been filed by the petitioner for issuance of writ of mandamus commanding the respondents, especially, respondent no.5 and 6 to stop construction of road over the raiyati land of the petitioner, bearing Khata No.294, Khesra No.609 of Mauza-Pirdauri, ward no.17 within Sultanganj Anchal. The attention of this Court has been drawn to annexure P/7, annexed with supplementary counter affidavit filed on behalf of respondent no.5, which is a Patna High Court CWJC No.2015 of 2017(6) dt.16-07-2025 2/2 letter written by Anchal Amin, Sultanganj to the Circle Officer, Sultanganj, Bhagalpur dated 08.05.2025, in which it has been admitted that on part of the plot bearing Khesra No.609, PCC road has been constructed by the respondent-State. This fact is not denied by the respondent-State, as well as by the respondent no.5. 3. Khesra No.609 happens to be a raiyati land of the petitioner and the State could not have constructed PCC road over any part of the said land. 4. In the aforesaid facts and circumstances of the case, this Court allows this writ application and commands the respondent no.3 to immediately remove the encroachment made over the raiyati land of the petitioner bearing Khata No.294, Khesra No.609 of Mauza-Pirdauri, ward no.17, within Sultanganj Anchal, this order must be carried out without wasting any time. 5. Accordingly, the writ application is allowed. Saurav/- (Alok Kumar Sinha, J) U