A Public Interest Litigation is not maintainable when the subject matter is already being adjudicated by the competent statutory authority through a pending appeal.

ORAL ORDER

(Per: HONOURABLE THE CHIEF JUSTICE)

1. This writ petition in the nature of Public Interest Litigation has been filed, seeking for following reliefs:

“I. For issuance of Writ especially in nature of Mandamus Dirécting and commånding to the Respondents No.-4 i.e. Circle officer Parwalpurto remove the Encroachment in term of Final order dated 24.08.2024 ( Not appealed as yet) over the Land bearing Khata No.-948, chak Plot No.-4631 an area of 0.54 acre situated in Mauza-Sharikardih, under Thana No.-146. As such the said land is "GAIRMAZARUA SARVSADHARAN GADDHA" as recorded in survey khatiyan, which has been encroached by private Respondents No.-5 to 7.

ii. For Further be pleased to issue writ in nature of Mandamus directing and Commanding Respondents to make it free the said land and make available for public uses in terms of Final order dated 24.08.2024 passed in Encroachment case No.-02/2024-25, which has not been challenged before the Ld. Collector Nalanda.

iii. For any other writ/writs, order/orders, direction/Directions for which, the Petitioner is legally entitled.”

2. The learned counsel for the Petitioners brought to the notice of the Court the order dated 09.10.2025 of the learned Single Judge passed in C.W.J.C. No. 16576 of 2025, wherein it is observed as follows:

“5. Considering the nature of prayer made in the present writ application and the fact that the order passed by the Circle Officer is appealable before the Collector, accordingly, the petitioners are directed to file appeal before the Collector, Nalanda, within a period of four weeks from today.

6. If such an appeal is filed by the petitioners, the Collector, Nalanda, shall dispose the same in accordance with law by a reasoned order within a period of four months from the date of filing of the appeal.

7. Till the disposal of the appeal by the Collector, Nalanda, the possession of the petitioners shall not be disturbed and there shall be no demolition of the alleged encroachment.”

3. It is the contention of the learned counsel for the Petitioners that even though no appeal has been filed by the Petitioners of the said writ petition, but the State is also not taking any step to remove the encroachment.

4. However, the learned counsel for the State has brought to the notice of this Court that in terms of the order passed by this Court dated 09.10.2025, Appeal No. 11 of 2025 has already been filed before the Collector and he is in seisin over the matter.

5. Section 7 of the Bihar Public Encroachment Act, 1956 read as follows:

“ Section 7 - Power of the Collector to get encroachment removed and recover cost of the removal

If any person fails to comply with the orders passed by the Collector under section 6 directing the removal of any encroachment by the date fixed, the Collector shall cause the encroachment to be removed in such manner as he deems fit and the cost of such removal shall be recovered from such person.”

6. In view of such order passed by learned Single Judge and since the competent authority is in seisin over the matter, we are not inclined to entertain the Public Interest Litigation and the same stands dismissed.