Ensure due process of law in land encroachment cases to uphold rule of law.

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

2 27-01-2026 Heard Mr. (Dr.) Bipin Chandra learned counsel appearing on behalf of the petitioner and Mr. Ravi Kumar and Mr. Akshay Lal Prasad, learned ACs to GP 13 for the State.

2. Petitioner has inter alia prayed for following reliefs in the paragraphs No.1 of the writ petition:-

“That the instant application is being filed for issuance of appropriate writ(s) thereby directing and commanding the authorities of the State respondents to remove the encroachment over the land of petitioner situated at Mauza- Kumhara Bishunpur, Khata No.1158, Sarve No.8958 & 8959, Rakwa 8.5 decimal & 8.5 decimal, P.S. Dumra, Circle- Dumra, District- Sitamarahi which has been erecting the bamboo walls and huts and also taken electric connection on said plot illegally by the 2^nd respondents.

For consequently directing the authorities of the State respondents to remove the entire encroachment form the said land as land of petitioner done measurement to construction of boundary wall and house.

For grant of any other reliefs which the petitioner may be entitled to in the facts and circumstances of this case.”

3. Learned counsel appearing on behalf of petitioner submits for the relief as sought for in the present writ petition the petitioner seeks to file a detailed representation for redressal of his grievance before the District Magistrate, Sitamarhi and the same may be disposed of in light of order passed by this Court in CWJC No.348 of 2026 ( Krishna Devi Vs. State of Bihar & Ors.)

4. Considering the aforesaid specific submission made on behalf of the petitioner, the District Magistrate, Sitamarhi, is directed to examine the petitioner’s case in respect of the land in question through the Circle Office and ascertain whether any encroachment has been made thereon. If it is found that unauthorized persons have occupied the land, then in that case, the law shall take its own course. If the District Magistrate allows to give acceptance of such high-handedness action then there will be no respect for the rule of law and unlawful elements must be dealt with strictly in accordance with due process of law.

5. The writ petition is, accordingly, disposed of.

6. Interlocutory Application(s), if any, also stands disposed of.

(Purnendu Singh, J)