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2025 DAILYLAW 6898 (PAT)

Anil Ray v. The State of Bihar through the Principal Secretary,

CWJC/1798/2025 · 2026-07-06

Vikash Kumar

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1798 of 2025 ====================================================== Anil Ray, Son of Ram Narayan Ray, Resident of Village - Harishankarpur, Ward No. 09, P.O. - Anischak, P.S. - Dalsinghsarai, District- Samastipur. ... ... Petitioner/s Versus 1. The State of Bihar through the Principal Secretary, Secretary, Agriculture Department, Government of Bihar, Patna. 2. The Bihar State Agriculture Marketing Board, Pant Bhawan, Jawaharlal Nehru Marg, Patna through its Administrator. 3. The Commissioner, Darbhanga Division at Darbhanga. 4. The District Magistrate - cum- Collector, Samastipur. 5. The Additional Collector, District - Samastipur. 6. The District Agriculture Officer, District - Samastipur. 7. The Sub-Divisional Officer - cum- Ex-officio Chairman Bazar Samiti, Sub - Division - Dalsinghsarai, District- Samastipur. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Choudhary, Sr. Advocate Mr. Ujjwal Kumar, Advocate For the state : Mr. Anil Kumar Singh, GP- 27 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH KUMAR ORAL ORDER 2 06-07-2026 Heard Mr. Ashok Kumar Choudhary, learned Senior Counsel assisted by Mr. Ujjwal Kumar, learned counsel on behalf of the petitioner and Mr. Anil Kumar Singh, GP 27, learned counsel for the State. 2. In the present writ application the petitioner has prayed for the following reliefs:- (a) For a direction upon the Respondent authorities to remove encroachment over the public land i.e. Dalsinghsarai Bazar Samiti premises is situate at Mauja Chakmutarja, Thana No. 64, Circle - Dalsinghsarai, at Khesra Nos. 12, 13, 14, 18, 19, 23, 24, 25 and 28, immediately without any Patna High Court CWJC No.1798 of 2025(2) dt.06-07-2026 2/3 unnecessary delay. (b) For a direction upon the Respondent Authorities particularly Respondent No. 6 to initiate appropriate proceeding before the Circle Officer to remove the aforesaid encroachment from public land i.e. Dalsinghsarai Bazar Samiti premises is situate at Mauja Chakmutarja, Thana No. 64, Circle Dalsinghsarai, at Khesra Nos. 12, 13, 14, 18, 19, 23, 24, 25 and 28. (c) For a direction upon the Respondent authorities to restrain illegal encroachers to further encroach upon the public land i.e. Dalsinghsarai Bazar Samiti premises is situate at Mauja Chakmutarja, Thana No. 64, Circle Dalsinghsarai, at Khesra Nos. 12, 13, 14, 18, 19, 23, 24, 25 and 28. (d) To pass any other order/orders in shape of a consequential relief to which the Petitioner may be found to be legally entitled to in the facts and circumstances of the instant case at hand. 3. At the outset, learned counsel appearing on behalf of the petitioner submits that the present writ application may be disposed of in terms of the submission made in paragraph 6 of the counter affidavit, filed on behalf of respondent nos. 3, 4, 5 and 7, which is reproduced hereinbelow:- “these Respondent have to say that during the Covid-2019 vegetable market which was running at Gudri Road, Dalsinghsarai was sealed and shop keepers of vegetable Gudri Road, Daisinghsarai were directed to continue their business under the Campus of Bazar Sammittee, Dalsinghsarai. After some times, where the situation under Covid-2019 became normal all those shop keepers were directed to replace at old vegetable market at Gudri Road, Dalsinghsarai and shop keepers were evicted from campus of Bazar Sammittee.” 4. The submissions made on behalf of petitioner is Patna High Court CWJC No.1798 of 2025(2) dt.06-07-2026 3/3 accepted. Nothing remains for adjudication. Accordingly, the present writ application is disposed off. sweta/- (Vikash Kumar, J) U