The court emphasized the need for lawful action against land encroachments and the rule of law regarding property rights.

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

2 27-01-2026 Heard Mr. Abhirup, learned counsel appearing on behalf of the petitioner and learned AC to Government Pleader (22) for the State.

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

“1. That present writ application seeks indulgence of this Hon'ble Court for the issuance of the appropriate writ/order/orders/direction in nature of Mandamus and commanding and directing the respondent authorities to remove the encroachment of Private Land of the Petitioner which is situated in Mauja- Bairiya, Khata NO.289/290 Khesara No. 1941, Rakba 11 Katha 19 Dhur Thana no. 150 which is being constantly encroached by bad elements/encroachers of the village locality in coalition with the respondent authorities and that certain illegal construction were also been done by these encroacher which has constantly causing encroachment and leads to disturbance in Path Way of the property of the petititioner and any other relief as your lordships may deem fit and proper.”

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, West Champaran 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, West Champaran, 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)