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2026 DAILYLAW 22705 (PAT)

Jawahar Lal Yadav v. The State of Bihar

CWJC/301/2026 · 2026-07-02

Ajit Kumar

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.301 of 2026 ====================================================== 1. Jawahar Lal Yadav Son of Amavash Yadav, Resident of Village- Rahiya, Police Station- Krishna Brah, District- Buxar. 2. Harendra Ram, Son of Nand Kishor Ram, Resident of Village- Rehiya, Police Station- Krishna Brah, District- Buxar. ... ... Petitioner/s Versus 1. The State of Bihar through Add. Chief Secretary, Land and Revenue Dept. Patna Bihar. 2. The District Magistrate, Buxar. 3. Deputy Collector, Land Reforms, Dumraon, Buxar. 4. Circle Officer, Dumraon, Buxar. 5. Shankar Dayal Singh, Son of Late Ram Bilash Singh, Resident of Village- Rehiya, Police Station- Krishna Brahm, District- Buxar. 6. Mahesh Singh, Son of Late Ram Bilash Singh, Resident of Village- Rehiya, Police Station- Krishna Brahm, District- Buxar. 7. Ram Chandra Singh, Son of Late Ram Bilash Singh, Resident of Village- Rehiya, Police Station- Krishna Brahm, District- Buxar. 8. Ram Shankar Singh, Son of Late Nabab Singh, Resident of Village- Rehiya, Police Station- Krishna Brahm, District- Buxar. 9. Dinesh Singh, Son of Late Nabab Singh, Resident of Village- Rehiya, Police Station- Krishna Brahm, District- Buxar. 10. Umesh Singh, Son of Late Nabab Singh, Resident of Village- Rehiya, Police Station- Krishna Brahm, District- Buxar. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Rang Nath Choubey, Adv. For the Respondent/s : Government Pleader (05) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 2 02-07-2026 Heard learned counsel for the petitioners and learned counsel for the Respondent-State. 2. The instant writ application has been filed for the following relief(s):- “(i) That this is an application for Patna High Court CWJC No.301 of 2026(2) dt.02-07-2026 2/3 issuance of appropriate writ/writs in the nature of mandamus or any other writ/writs for direction/directions to respondents 1st Set for removing the encroachment in Mauza- Rehiya Thana No. 267, Police Station- Krishna Brahm, District- Buxar, Khata No. 393, Plot No. 564/565, Area-45 decimals which has been encroached by respondent no. 5 to 10 2nd set of public land recorded in the name of Bihar Sarkar in old khatiyan as well as new khatiyan”. 3. The petitioner is directed to file a fresh representation with regard to the encroachment, in question, giving full details of the persons who have made construction over the land and creating obstruction over the public road by blocking the same. 4. It is expected that once such an application for removal of the encroachment is filed by the petitioner, then the Circle Officer, Dumraon, Buxar will initiate the appropriate proceeding under Section 3 of the Bihar Public Land Encroachment Act, 1956 and, after giving notice to all concerned, necessary orders shall be passed, adjudicating the Patna High Court CWJC No.301 of 2026(2) dt.02-07-2026 3/3 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. perwez (Ajit Kumar, J) U