IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2802 of 2025 ====================================================== Rajesh Pandey S/o- Bhushan Pandey, R/o- Village- Mathia, Post- Kawalpura, Via- Masharak, P.S.- Masharak, District- Saran at Chapra. ... ... Petitioner/s Versus 1. The State of Bihar through the Chief Secretary, State of Bihar, Patna. 2. The Principal Secretary, Revenue and Land Reforms, Government of Bihar, Patna. 3. The District Collector, Saran at Chapara. 4. The District Land Officer, Saran at Chapara. 5. The Circle Officer, Masharak, Saran at Chapara, Bihar. 6. Madan Ojha, S/o Late Yogendra Ojha, Resident of Village Mathiya, Post- kawalpura, Via- Masharak, P.S.- Maharakh, Saran at Chapara. 7. Devendra Ojha, S/o- Late- Shree Ram Ojha, Resident of Village Mathiya, Post- kawalpura, Via- Masharak, P.S.- Maharakh, Saran at Chapara. 8. Ravindra Pandey, S/o- Late- Sudama Pandey, Resident of Village Mathiya, Post- kawalpura, Via- Masharak, P.S.- Maharakh, Saran at Chapara. 9. Ranjit Pandey, S/o- Late- Lakshmi Pandey, Resident of Village Mathiya, Post- kawalpura, Via- Masharak, P.S.- Maharakh, Saran at Chapara. 10. Anant Kumar Singh, S/o- Late Rajbahori Singh, Resident of Village Mathiya, Post- kawalpura, Via- Masharak, P.S.- Maharakh, Saran at Chapara. 11. Mahesh Ojha, S/o- Vikrama Ojha, Resident of Village Mathiya, Post- kawalpura, Via- Masharak, P.S.- Maharakh, Saran at Chapara. 12. Kedar Nath Pandey, S/o- Shiv Prasad Pandey, Resident of Village Mathiya, Post- kawalpura, Via- Masharak, P.S.- Maharakh, Saran at Chapara. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Shrinath Manjhi For the Respondent/s : AC to Standing Counsel 26 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 2 24-07-2026 Heard learned counsel for the petitioner and learned counsel for the State. 2. The instant writ application has been filed for the following reliefs:- Patna High Court CWJC No.2802 of 2025(2) dt.24-07-2026 2/4 (i) For commanding and directing the concerned respondent to remove the wrong encroachment from the land acquired by the private respondents for the purpose of constructing Sampark Sarak at Village Mathiyan, Post-Kawalpura Mathiya Mashrakh District- Saran at Chapra. (ii) For directing the respondents to make sure the construction of Sampark Sarak connecting the village Mathiya to the main road, is to be done immediately as there is no other path/ road either connecting or approach, is in existence for villagers of Mathiya. (iii) For issuing directions to take necessary actions for resolving the grievances of the villagers considering the representations given by local villagers. (iv) For any other relief to which the petitioner may be found entitled to considering the facts and circumstances of the case. 3. Learned counsel for the petitioner submits that there is already an encroachment case bearing Encroachment Case No.02/2021-22 instituted by the Circle Officer, Mashrakh in connection with the land in question but despite the lapse of considerable time, the same has not yet been brought to its logical conclusion. It is, therefore, prayed that an appropriate direction be issued to the competent authority to conclude the said proceeding within a stipulated time. 4. On the other hand, learned counsel appearing on behalf of the State submits that since the encroachment Patna High Court CWJC No.2802 of 2025(2) dt.24-07-2026 3/4 proceeding is already pending before the competent authority, this Court may issue an appropriate direction for its expeditious disposal after affording due opportunity of hearing to all concerned parties. 5. Having heard learned counsel for the parties and considering the facts and circumstances of the case, the Circle Officer, Mashrakh, District-Saran at Chapra, is directed to conclude Encroachment Case No. 02/2021-22 expeditiously within a period of three months from the date of receipt/production of a copy of this order, after affording adequate opportunity of hearing to all affected parties. 6. While deciding the proceeding, the Circle Officer shall satisfy himself, on the basis of the revenue records and other relevant materials, as to whether the land in question is a public land and whether the same is under unauthorized encroachment. If it is found that the land is a public land and has been encroached upon, the competent authority shall pass a reasoned order in accordance with law under the provisions of the Bihar Public Land Encroachment Act, 1956, and communicate a copy thereof to all affected persons, so as to enable them to avail such statutory remedy as may be available in law. Patna High Court CWJC No.2802 of 2025(2) dt.24-07-2026 4/4 7. It is made clear that, in the event no order of restraint has been passed by any competent Court or authority, the Circle Officer shall proceed to take steps for removal of the encroachment in accordance with law, including issuance of notice under Section 6(2) of the Bihar Public Land Encroachment Act, 1956, and ensure compliance with the final order passed in the encroachment proceeding. 8. With the aforesaid observations and directions, the writ application stands disposed of. shikha/- (Ajit Kumar, J) U