IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1406 of 2026 ====================================================== Anil Kumar Verma Son of Late Sheo Shankar Prasad Resident of Village and P.O.- Bokanikala, P.S.- Patahi, District- East Champaran. ... ... Petitioner/s Versus 1. The State of Bihar through Commissioner, Muzaffarpur. 2. The District Magistrate, East Champaran (Motihari). 3. The Circle Officer, Patahi, District- East Champaran. 4. The Sub- Divisional Officer, Pakri Dayal, District- East Champaran. 5. Methur Raut, Son of Gokul Raut Resident of Village and P.O.- Bokani Kala, P.S.- Patahi, District- East Champaran. 6. Bipin Raut, Son of Methur Raut Resident of Village and P.O.- Bokani Kala, P.S.- Patahi, District- East Champaran. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Rajendra Prasad, Adv. For the Respondent/s : Mr. G.P. Ojha, Government Advocate 7 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 2 14-08-2026 Heard learned counsel for the petitioner and learned counsel for the State. 2. The writ petition has been filed for the following reliefs :- “ (i) for removing encroachment upon Public Road of Village- Bokanikala on Govt Road by making hut by respondent No.5 and 6. (ii) For issuance of appropriate writ upon respondent authorities particularly respondent no.3 (Circle Officer) to initiate encroachment proceeding upon respondent no.5 and 6 and dispose legal Patna High Court CWJC No.1406 of 2026(2) dt.14-08-2026 2/3 proceeding according to law and remove the encroachment of village Bokari kala public road in prescribed time. (iii) For direction upon the respondent authorities to restore the public road mentioned herein its above in its original form which has been encroached and is being used for privilege purpose causing obstruction the right way to the petitioner and other person. 3. The petitioner, in continuation of the earlier representation filed on 03.01.2026, 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, Patahi, East Champaran (Motihari) 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 Patna High Court CWJC No.1406 of 2026(2) dt.14-08-2026 3/3 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