IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.891 of 2026 ====================================================== Gyaneshwari Kant Tiwari S/o Awdhesh Prakash Tiwari R/o Mohalla Huse/Husse Chapra, Ward No. 34, P.S. - Town, District Saran (Chapra) - 841301. ... ... Petitioner/s Versus 1. The State of Bihar through the District Magistrate, Saran (Chapra). 2. Additional Collector, Saran (Chapra). 3. Circle Officer, Saran Chapra. 4. Executive Officers, Chapra Municipal Corporation X 5. Shatrughan Mahato, S/o Late Baldev Mahato, R/o Mohalla Huse/Husse Chapra, Ward No. 34, P.S. - Town, District- Saran (Chapra). ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Avinash Kumar Pandey, Advocate For the Respondent/s : Mr.Standing Counsel (9) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 2 23-07-2026 Heard learned counsel for the petitioner and learned counsel for the Respondent-State. 2. The instant writ application has been filed for the following relief(s):- (i) For issuance of writ in the nature of Mandamus for directing and commanding the Respondent authorities specifically the Circle officer, Saran (Chapra) to remove the illegal encroachment done by the Respondent No.- 3 over a public utility land recorded as Survey Plot No. 417 (public well land) and Survey Plot No. 418 (Paudarland) appertaining to Khata No. 71 situated in Mohalla Huse/HusseChapra, Ward No. 34, District Saran (Chapra), and to restore the land to its original public Patna High Court CWJC No.891 of 2026(2) dt.23-07-2026 2/3 utility purpose. (ii) For issuance of writ in the nature of Mandamus for directing and commanding the Respondent authorities to decide the representation dated 24.03.25. (iii) For any other order/orders, relief/relieves or direction/directions, which may deemed fit to this Hon'ble Court in the instant case. 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, Saran Chapra, 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 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 time so allowed under the statute. 5. It is expected that the entire exercise shall be carried out and concluded within a period of three months from Patna High Court CWJC No.891 of 2026(2) dt.23-07-2026 3/3 the date of representation made by this petitioner. 6. With the aforesaid observation and direction, the instant writ petition stands disposed of. surya/- (Ajit Kumar, J) U