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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.554 of 2026 ====================================================== Azad Paswan Son of Late Chamru Paswan, resident of Village- Gauda Shakti, Ward No. 12, Gauda Shakti Tola, P.S.- Khagaria Muffasil, District- Khagaria. ... ... Petitioner/s Versus
1. The State of Bihar Bihar.
2. The Collector cum District Magistrate, Khagaria.
3. The Sub Divisional Public Grievance Redressal Officer, Khagaria, District- Khagaria.
4. Sub Divisional Officer, Khagaria, District-Khagaria.
5. The Circle Officer (Anchal Adhikari), Khagaria Circle, District-Khagaria.
6. The Superintendent of Police, Khagaria.
7. The Station House Officer, P.S. Khagaria Muffasil, District-Khagaria. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Kumar Harsh, Advocate For the Respondent/s : Mr. Standing Counsel (09) ======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 2 09-07-2026 Heard learned counsel for the petitioner and learned counsel for the State.
2. The writ petition has been filed for the following reliefs:- (i) to comply the order passed by the Grievance Redressal Officer and affirmed by the Collector, Khagaria. (ii) to execute the order aforesaid by deputing the Magistrate with Police force to remove the piple tree as per requirement of the petitioner. (iii) to prevent the anti-social elements by operation of law who disturbed the peaceful possession of the land and things attached to it. (iv) to grant any other relief/reliefs
Patna High Court CWJC No.554 of 2026(2) dt.09-07-2026 2/3 to which the petitioner is entitled under law.
3. Learned counsel for the petitioner submits that the petitioner purchased the land on 02.11.2015 by the issuance of deed comprised in Khata No. 80 and 53, Khesra No. 850 and 831 and the same came in peaceful possession of this petitioner. It is the case of this petitioner that over the said land, there is a peepal tree, which has religious entity and because of some anti- social elements, who are continuously disturbing this petitioner, owing to which the petitioner has sought interventions for removal of the said tree, which is standing in the premises. It has next been submitted that the same is not part of the forest or being the property falling under the Government Estate and after hearing the Divisional Forest Officer, Begusarai and other concerned authorities, the District Magistrate, Khagaria is said to have passed an order, hereby requirement of which, ensure the cutting of the peepal tree has been directed but despite such directions neither the deployment of police force has been made nor the order passed by the District Magistrate has in any way been compiled with.
4. At this stage, learned counsel for the State submits that appropriate directions may be issued to the District Magistrate, Khagaria to deploy police force by authorizing some
Patna High Court CWJC No.554 of 2026(2) dt.09-07-2026 3/3 officers to ensure the cutting of the peepal tree, if appropriate
consideration by the District Magistrate, Khagaria, has already been made, which is appended with the writ petition as Annexure-P/2 at page No. 10.
5. Considering the stand of the parties, this Court directs the petitioner to submit a representation before the District Magistrate, Khagaria. The District Magistrate shall authorize appropriate officers who shall, with the assistance of proper police force, if necessary, implement the order passed with regard to the cutting of the said tree. It is expected that the entire exercise shall be completed within a period of four weeks from the date of representation.
6. With the aforesaid observation and direction, the writ petition stands disposed of.
rajan/- (Ajit Kumar, J) U