IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19776 of 2025 ====================================================== Ranjit Kumar Prasad Son of Chandrika Prasad, Resident of-Chandauli, P.S. Raghunathpur, District-Siwan, Bihar. ... ... Petitioner/s Versus 1. The State of Bihar through the Principal Secretary, Department of Revenue, Govt. of Bihar, Patna. 2. The Collector cum the District Magistrate, Siwan. 3. The Additional Collector, Siwan, District-Siwan. 4. The Deputy Collector Land Reforms, Siwan, District-Siwan. 5. The Sub Divisional Officer, Siwan, District-Siwan. 6. The Circle Officer, Aandar, District-Siwan. 7. The SHO Raghunathpur, P.S.-Raghunathpur, District-Siwan. 8. Manu Yadav, S/o Late Satrudhan Yadav, Resident of-Chandauli, P.S. Raghunathpur, District-Siwan. 9. Sandip Yadav, S/o Late Satrudhan Yadav Janki Kuwar, Resident of- Chandauli, P.S. Raghunathpur, District-Siwan. 10. Pintu Yadav, S/o Late Satrudhan Yadav, Resident of-Chandauli, P.S. Raghunathpur, District-Siwan. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Vitesh Kumar Singh, Adv. For the Respondent/s : Mr. Standing Counsel (04) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 2 23-07-2026 Heard learned counsel for the petitioner and learned counsel for the State. 2. The writ petition has been filed for the following reliefs :- “ I- For directing to the respondent authority to immediately remove the illegal encroachment made over the Khata no. 41, Servey no.486 area 2katha 19 dhurs, as pe khatiyan the nature of land Patna High Court CWJC No.19776 of 2025(2) dt.23-07-2026 2/4 mentioned garahi(ponds), Khata no. 41, Servey no.484 area 1katha 2 dhurs, khata no 116 survey no. 485 area 4 katha 17 dhurs which is encroached by the private respondent in an illegal manner, even after specific order dated 26.6.2023 passed by the Learned Court of Deputy Collector Land Reforms Siwan Sadar In Case no. 20/22-23. II-For directing the respondent no. 2 to initiate an enquiry against the respondent circle officer who despite having received the complaint in this regard has neither taken trouble to removed the encroachment nor even issued notice to the private respondents and in connivance with the private respondents has allowed to make the wall and house over the public road/land and ponds and after ascertaining the guilt to take the appropriate disciplinary action for such deliberate misconduct. III- For removal of the encroachment made over the land/pond in question at the cost of the authorities concerned due to whose connivance the encroachment over the government land/pond is allowed and the petitioner has been compelled to face inconvenience and to move before this Hon'ble court filing the instant writ application for establishment his legal right to free access to the road and in free access of the rainy water in question and further to allow this writ application with cost payable to the petitioner. IV- For directing the respondent S.P. Siwan to so-cause the respondent officer in-charge in whose presence and assistance the private respondents have dare to make brick built house over the major Patna High Court CWJC No.19776 of 2025(2) dt.23-07-2026 3/4 portion of the road/ponds/land has been encroached as a result the free access to the road and rainy water had been destructed and to award suitable punishment against the officer in-charged for the colorable exercise of jurisdiction. V-For declaring the action of the respondents is illegal and not sustainable in the eye of law.” 3. Learned counsel for the petitioner fairly submits that the petitioner has already filed so many applications before the Circle Officer, Aandar but, till date, no action has been taken upon such complaints. 4. In view of the above, the petitioner is directed to file a fresh representation within a period of four weeks from today, giving reference to the earlier complaints with regard to the encroachment, in question, giving full details of the persons concerned who have constructed boundary wall and houses over the public road/land and ponds even after passing of the specific order dated 26.06.2023 passed by the learned Court of Deputy Collector Land Reforms Siwan Sadar in Case No. 20/2022-23. 4. Considering the facts as aforesaid, it is expected that once such an application for removal of the encroachment is filed by the petitioner, then the Circle Officer, Aandar, Siwan will initiate the appropriate proceeding under Section 3 of the Bihar Public Land Encroachment Act, 1956 (in short, ‘Act, 1956’) and, after giving notice to all concerned, necessary Patna High Court CWJC No.19776 of 2025(2) dt.23-07-2026 4/4 orders shall be passed by resorting to the procedure as provided under Section 5 and 6 of the Act, 1956, 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 period of three months. 5. It is expected that the entire exercise shall be carried out and concluded within the time so specified from the date of initiation of proceeding under Section 3 of the Bihar Public Land Encroachment Act, 1956. 6. With the aforesaid observation and direction, the writ petition stands disposed of. rishi/- (Ajit Kumar, J) U