IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11818 of 2025 ======================================================

Suresh Sah ... ... Petitioner Versus The State of Bihar and Ors.

... ... Respondents ======================================================

Appearance :

For the Petitioner : Mr. Diwakar Prasad Singh For the State : Mr. Vikash Kumar, AC to AG ======================================================

CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE)

7 15-01-2026 This writ petition in the nature of Public Interest Litigation has been filed for removal of encroachment made by Private Respondent on Public Canal known as Sulindabad Laghu Nahar at Point 3.00 owned by Irrigation Department.

2. In the counter affidavit filed by Respondent Nos. 3, 6 and 7, in paragraph ‘6’, it is stated that the Circle Officer Incharge issued notice under Section 6(2) of the Bihar Public Land Encroachment Act, 1956 and the encroachers were ordered them. In paragraph ‘7’, it is stated that since the encroachers did lawful action against them, the Executive Engineer, Irrigation Division, Saharsa was requested to provide the land acquisition map and other relevant documents of land acquisition concerning the Sulindabad Laghu Nagar Point 3.00 vide Office Letter No. 2675 dated 10.12.2025.

3. It is further stated in paragraph ‘9’ that the Circle Officer has called for the details of the encroachers along with encroached area and khesra number from the Executive Engineer, Irrigation Division, Saharsa so that the encroached land may be vacated, vide Office Memo No. 2699 dated

13.12.2025 .

4. However, learned counsel for the petitioner has placed supplementary counter affidavit filed on behalf of Respondent Nos. 1, 2, 4 and 5 by the Executive Engineer, Irrigation Division, Saharsa in which it is stated in paragraph ‘7’ that the concerned Executive Engineer, Irrigation Division, Saharsa, has made available the connected map and records to the Circle Officer, Kahra, Saharsa.

5. Learned counsel for the petitioner submits that the stand taken by learned counsel on behalf of Respondent Nos. 3, 6 and 7 is not correct which would be evident from the counter affidavit filed by the Executive Engineer.

6. Be that as it may, since the relevant documents have already been supplied, learned counsel for the Circle Officer, Kahra, Saharsa shall obtain necessary instruction in the matter and apprise this Court regarding the development, if any, made for removal of encroachment during course of hearing. It is placed before us that parcha has been issued in respect of some of the persons and they have made certain constructions.

7. Learned counsel for the State shall apprise this Court on the next date as to whether any steps have been taken in accordance with law to issue notice to such person and to make any kind of alternate arrangement for shifting and to provide them compensation in accordance with law.

8. Put up this matter on 13^th February, 2026.

(Sangam Kumar Sahoo, CJ)

( Rajeev Ranjan Prasad, J)

SUSHMA2/-

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