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2025 DAILYLAW 7440 (PAT)

Akhilesh Chandra v. The State of Bihar

CWJC/3763/2025 · 2026-07-24

Vikash Kumar

Public Interest Litigationbody2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3763 of 2025 ====================================================== Akhilesh Chandra Son of Late Kapileshwar Prasad Chandra, Resident of Village- Champapur, P.S.-Ramgarhwa, District- East Champaran (Bihar). ... ... Petitioner/s Versus 1. The State of Bihar through the Additional Chief Secretary. Department of Revenue and Land Reform, Govt. of Bihar, Patna. 2. The Distric Magistrate, East Champaran at Motihari. 3. The Sub-Divisional Officer, Raxaul, East Champaran. 4. The D.C.L.R, Raxaul, East Champaran. 5. The Circle Officer, Ramgarhwa, East Champaran. 6. Subhash Prasad, Son of Late Baidyanath Prasad Resident of Village- Champapur, P.S.-Ramgarhwa, District- East Champaran (Bihar). 7. Brij Kishor Prasad, Son of Late Baidyanath Prasad Resident of Village- Champapur, P.S.-Ramgarhwa, District- East Champaran (Bihar). 8. Sonu Kumar, S/o- Subhash Prasad Resident of Village- Champapur, P.S.- Ramgarhwa, District- East Champaran (Bihar). 9. Monu Kumar, S/o- Subhash Prasad Resident of Village- Champapur, P.S.- Ramgarhwa, District- East Champaran (Bihar). ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Tejendra Sinha, Advocate For the State : Mr. N.P. Yadav, SC- 23 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH KUMAR ORAL ORDER 2 24-07-2026 Heard Shri Tejendra Sinha, learned counsel for the petitioner and Shri N.P. Yadav, learned SC-23 for the State. 2. The petitioner in the present writ application has prayed for the following reliefs:- (i) For issuance of an appropriate Writ/Writs in the nature of Certiorari commanding and directing upon the respondent, Circle Officer, Ramgarhwa (East Champaran to decide the Encroachment Case No.-01 of 2024- 25 according to Law and remove the illegal encroachment over the public land Patna High Court CWJC No.3763 of 2025(2) dt.24-07-2026 2/3 situated at Mauza-Champapur Khata No- 14, plot No.5703, interest as the ingress and outgress of the petitioners blocked by the encroachers respondent No.6 to 9. (ii) For issuance of an appropriate Writ/Writs in the nature of Mandamus for a direction to the respondent Police Officer, Ramgarhwa to protect the life and property of the petitioner which has been objected by the private respondents illegally. The District Magistrate Cum Second Appellate Authority under Public Grievance Redressal System, East Champaran on 09-07-2024 in letter No.40211-42481 directed to the Circle Officer, Ramgarhwa to decide the Encroachment case according to law and do needful which will be monitored by the D.C.L.R, but even then the Circle Officer has not decided the encroachment case. 3. It is stated at bar that the petitioner has filed several representation for removal of the encroachment being encroachment case no 1/2024-25 but till date no action has been taken by the respondent authorities. At this juncture, the learned counsel confines his prayer for consideration of his representation. 4. Accordingly, the present writ application is disposed of with direction to petitioner to file representation detailing his grievance before the Circle Officer, Ramgarhwa, East Champaran within a period of two weeks from the date of order. If such representation is filed, then Circle officer is required to consider his representation and if any action is Patna High Court CWJC No.3763 of 2025(2) dt.24-07-2026 3/3 accentuated then to take appropriate steps in accordance with law within a period of 8 weeks. rohit/- (Vikash Kumar, J) U