The court affirms the right to property and mandates lawful procedures for addressing encroachments.

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

2 27-01-2026 Heard Ms. Nilima Sinha, learned counsel appearing on behalf of the petitioner and learned AC to Standing Counsel (13) for the State.

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

“1. That, this is an application for issuance of an appropriate writ order or direction to command the Respondents to vacate the house of petitioner which is registered and recorded in the name of petitioner belongings to him in circle office Bela Ganj District- Gayajee, which has been incourse encroached by Respondent no. 4 to 7 of this application.”

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, Gayajee 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, Gayajee, 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. The Circle Officer is directed to place all the records relating to the land being the subject matter of the present writ petition in connection with Khata No.33, Khesra No.2182, Area 8 dismil already in the name of Maqsood Alam @ Maksood Alam Son of Late Dukhan Mia Resident of Kusurar Zafza, P.S.- Bela Ganj, District- Gayajee. 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.