IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4198 of 2026 ====================================================== 1. Rajesh Kumar Singh s/o Ramanand Prasad Singh, R/o Village- Bari Pahari, Sharwan Bihar Colony, P.S.- Agamkuan, District- Patna. 2. Sunil Kumar, S/o Shiv Nath Prasad, R/o- Village Bari Pahari Sharwan Bihar Colony, P.S.- Agamkuan, District- Patna. ... ... Petitioner/s Versus 1. The State of Bihar through the Collector, Patna. 2. The Sub Divisional Officer, Patna City Patna. 3. The Circle Officer Patna, City, Patna. 4. Chandra Prakash Narayan, S/o Ram Itar Das, presently R/o village- Bari Pahari, Sharwan Bihar Colony, P.S. Agamkuan, District- Patna. 5. Deo Kumar, S/o Akhilesh Kumar Singh, presently R/o village Bari Pahari, Sharwan Bihar Colony, P.S. Agamkuan Dist- Patna. 6. Subodh Kumar, S/o Bachchu Prasad, Presently R/o village Bari Pahari, Sharwan Bihar Colony, P.S.- Agamkuan, Dist- Patna. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Sunil Kumar Yadav, Adv. For the Respondent/s : Standing Counsel (20) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 2 23-07-2026 Heard learned counsel for the petitioners and learned counsel for the State. 2. The writ petition has been filed for the following reliefs :- “ That this is an application for issuance of writ in the nature of mandamus and/or any other appropriate writ, order or direction commanding upon the respondent to remove the encroachment over the public road. Which is 16 ft wide and passing Patna High Court CWJC No.4198 of 2026(2) dt.23-07-2026 2/3 though plot no. 1239, Khata no. 113 and connects Sarwan Bihar Colony, Bari Pahari to Patna Gaya High way. 3. The petitioners are 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, Patnacity, Patna 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 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 Patna High Court CWJC No.4198 of 2026(2) dt.23-07-2026 3/3 Public Land Encroachment Act, 1956. 6. With the aforesaid observation and direction, the writ petition stands disposed of. perwez (Ajit Kumar, J) U