IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1086 of 2025 ====================================================== Dewki Nandan Prasad s/o Narsing Prasad r/o village- Kachahari Tola Noniya, P.S. Paharpur, Dist.- East Champaran ... ... Petitioner/s Versus 1. The State of Bihar through the District Magistrate Motihari E. Champaran 2. Sub Divisional Officer Arearaj East. Champaran at Arearaj 3. The Circle Officer Paharpur Block Dist- East Champaran 4. Vidhya Prasad s/o Ganja Prasad r/o village Noniya Kachhari Tola P.S. Paharpur District East Champaran 5. Darogo Das s/o Lalchandra Das r/o village Noniya Kachhari Tola P.S. Paharpur District East Champaran 6. Rajendra Das s/o Lalchandra Das r/o village Noniya Kachhari Tola P.S. Paharpur District East Champaran 7. Raghav Das s/o late Deonarayan Das r/o village Noniya Kachhari Tola P.S. Paharpur District East Champaran 8. Rudal Das s/o late Narayan Das r/o village Noniya Kachhari Tola P.S. Paharpur District East Champaran 9. Mahendra Das s/o late Narayan Das r/o village Noniya Kachhari Tola P.S. Paharpur District East Champaran 10. Jagdeo Das s/o late Gorkha Das r/o village Noniya Kachhari Tola P.S. Paharpur District East Champaran 11. Manoj Prasad s/o Hariyar Prasad r/o village Noniya Kachhari Tola P.S. Paharpur District East Champaran 12. Prabhu Das Late Bhukhal Das r/o village Noniya Kachhari Tola P.S. Paharpur District East Champaran ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Dhannjay Kumar No 2 For the Respondent/s : Mr. Divit Vinod, AC to SC-26 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 2 25-06-2026 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. The instant writ application has been filed for directing the respondents to remove the encroachment from public road which encroachment by private persons/ private Patna High Court CWJC No.1086 of 2025(2) dt.25-06-2026 2/3 respondents. 3. Learned counsel for the petitioner submits that the private respondents have illegally encroached upon a public road, which is the only access route available to the petitioner as well as to the residents of several adjoining villages. It is submitted that the said public road is situated over Khata No. 613, Khesra Nos. 400, 322 and 724, having an area of 3 Kathas and more, situated at Village Noniya Kachahari Tola, Block Paharpur, District East Champaran. It is further submitted that the petitioner had earlier submitted representations before the competent authorities seeking removal of the alleged illegal encroachment from the public road; however, no effective action has been taken by the authorities concerned. 4. At this stage, learned counsel for the State submits that the petitioner may be granted liberty to file a fresh representation before the respondent no.3, 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. 5. In view of the submissions of the parties, this Court finds it fit to direct the petitioner to file fresh representation before the respondent no.3 giving all details of the alleged Patna High Court CWJC No.1086 of 2025(2) dt.25-06-2026 3/3 encroachment within a period of four weeks from today. 6. It is expected that once such an application for removal of the encroachment is filed by the petitioner, then the Circle Officer, Paharpur, Easst Champaran. 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 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. 7. 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. 8. With the aforesaid observation and direction, the writ petition stands disposed of. shikha/- (Ajit Kumar, J) U