SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Pat) 1430

IN THE HIGH COURT OF JUDICATURE AT PATNA
A. ABHISHEK REDDY, J.
CWJC No. 3872 of 2025
(10.12.2025)
Sujit Kumar Ojha ... Petitioner
vs.
State of Bihar & Ors. ... Respondents

Advocates Appeared:
For the Petitioner: Mr. Ashok Kumar.
For the Respondents: Mr. Standing Counsel(8).

Headnote:

Bihar Public Land Encroachment Act, 1956 – Section 3 – Removal of illegal and unauthorized encroachment of Government land – Petitioner has made complaint way back in year 2022 – Authority, except issuing notices to encroachers and also filing application for cancellation of Jamabandi, addressing letter to Additional Collector, seeking cancellation of Jamabandi in month of July, 2024, has not taken any further steps to see that proceedings are initiated by Additional Collector, for cancellation of Jamabandi and take necessary steps for removing encroachment – Anchal Adhikari directed to approach Additional Collector, and apprise him of necessity to cancel Jamabandies which are found to be suspicious and existing – Additional Collector also directed to take necessary steps to see that Jamabandi entries which are found to be suspicious are cancelled at the earliest. (Paras 5 and 6)

A. Abhishek Reddy, J.—Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ petition has been filed for the following relief(s):—

“For issuance of an appropriate writ, order or direction to the respondents for getting the encroachment over Plot No. 963, Khata No. 700, Thana No. 27, Area-3 katha, 16 dhurs, Gairmajarua Malik Land meant for road described in Paragraph No. 3 of this writ application, vacated and accordingly keep it so that in future also no encroachment on the land should be allowed.”

3. Learned counsel appearing on behalf of the petitioner submits that the petitioner has made an application to the competent authority i.e. Respondent No. 5 herein complaining about the illegal and unauthorized encroachment of the Government land in Plot No. 963, Khata No. 700, Thana No. 27, admeasuring an area of 3 katha 16 dhurs, which is classified as Gairmajarua Malik land. Learned counsel submits that though the petitioner has made a complaint way back in the year 2022, the authority till date has not taken any steps for removing the encroachment of the Government land. Further, it is submitted that the said land is meant for public road and unauthorized persons have illegally encroached the same. Learned counsel submits that a direction may be issued to Respondent No. 5 to dispose of the encroachment case pending before him as expeditiously as possible by putting a time-frame.

4. In the counter affidavit filed by the Respondent No. 5, it is specifically stated that pursuant to the complaint made by the petitioner, the authorities have initiated a land encroachment proceedings against the unauthorized and illegal encroachers and during the course of investigation, names of 21 persons were found in the Jamabandi which was suspicious in nature. Therefore, the authority has taken steps to get the Jamabandi cancelled and has addressed various letters to the Additional Collector, Saran on 05.07.2024. Learned counsel appearing on behalf of the Respondent No. 5 further submits that as and when the Jamabandies are cancelled, the illegal encroachers will be removed from the unauthorized occupation of the Government land and the road will be restored.

5. Admittedly, in the present case, the petitioner has made a complaint way back in the year 2022. The authority, except issuing notices to the encroachers and also filing an application for cancellation of the Jamabandi, addressing a letter to the Additional Collector, Saran, Chapra seeking cancellation of the Jamabandi in the month of July, 2024, has not taken any further steps to see that the proceedings are initiated by the Additional Collector, Saran, Chapra for cancellation of the Jamabandi and take necessary steps for removing the encroachment.

6. Having regard to the same, Respondent No. 5 is directed to approach the Additional Collector, Saran, Chapra and apprise him of the necessity to cancel the Jamabandies which are found to be suspicious and existing in the name of 21 persons. The Additional Collector, Saran, Chapra is also directed to consider the letters sent by the Respondent No. 5 herein dated 05.07.2024 and various letters which are annexed along with the writ petition as Annxure-D series and take necessary steps to see that the Jamabandi entries which are found to be suspicious are cancelled at the earliest and thereafter the Respondent No. 5 is directed to remove the encroachments if it is held that the subject land is a Government land. The authority shall endeavour to see that necessary orders are passed as expeditiously as possible, preferably within a period of 12 weeks from the date of receipt of a copy of this order.

7. With the above direction, the writ petition stands disposed of.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top