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2026 DAILYLAW 12097 (PAT)

Prahalad Prasad v. The State of Bihar

CWJC/2918/2026 · 2026-03-10

Rajiv Roy

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2918 of 2026 ====================================================== 1. Prahalad Prasad Son of Bhagwat Prasad Resident of Village- Kataha, Police Station- Dhanaha, District- West Champaran 2. Nagendra Kushwaha Son of- Jantri Kushwaha Resident of Village- Kataha, Police Station- Dhanaha, District- West Champaran ... ... Petitioner/s Versus 1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna 2. The District Magistrate, West Champaran 3. The Sub Divisional Magistrate, Bagaha, West Champaran 4. The Circle Officer, Madhubani, West Champaran 5. Jaiprakash Pandey, Son of- Kedar Pandey, Resident of Village- Kataha, Police Station- Dhanaha, District- West Champaran ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Irfan Ahmad Ansari, Advocate : Mr. Shahbaj Alam, Advocate For the State : Mr. Addl. Advocate General (09) : Mr. Anil Kumar Verma, AC to AAG-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 2 10-03-2026 Heard the parties. 2. The present petition has been preferred for the grant of following relief(s): “(i) for issuance of appropriate writ/writs, order/orders, direction/directions for commanding and directing the respondent authorities to remove the encroachment of the public land bearing Khata No. 76, Khesra No. 135 from which 'Rasta' (Public Road) of the Patna High Court CWJC No.2918 of 2026(2) dt.10-03-2026 2/3 village- Kataha, Dhanaha is running through up to the house of the Petitioners above named and other co-villagers which is encroached by the Respondent No. 5. (ii) for issuance of appropriate writ/writs, order/orders, direction/directions for commanding and directing the respondent No.-4 to conclude the encroachment Case if any after completed inquiry and passed the proper order to remove the encroachment. (iii) for issuance of appropriate writ/writs, order/orders, direction/directions for commanding and directing the respondent authorities to insure the ingress and egress of the Petitioners as well as villagers may not be affected during pendency of the Writ Application. (iv) for any other relief/reliefs for which petitioner is entitled in the fact and circumstances of the case.” 3. The matter relates to the land bearing Khata No. 76, Khesra No. 135 under the village-Kataha, Dhanaha. 4. After some arguments, learned counsel for the Patna High Court CWJC No.2918 of 2026(2) dt.10-03-2026 3/3 petitioner submits that they shall be approaching the respondent no.2, the Collector, West Champaran, in next eight weeks. 5. Learned State counsel submits that if such petition is preferred, it will be taken to its logical conclusion. 6. Accepting the submissions put forward by the parties, the writ petition is disposed of allowing the petitioner to approach the respondent no.2, the Collector, West Champaran, who shall after noticing/hearing all the parties, will take the matter to its logical conclusion at an earliest. 7. Needless to add, the further step has to be taken pursuant to the order passed by the Collector, West Champaran. vinayak/- (Rajiv Roy, J) U