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2026 Supreme(Online)(Pat) 12881
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.31 of 2025
In
Civil Writ Jurisdiction Case No.16758 of 2024
Vikash Chandra Chokhani Son of Mahadev Prasad Chokhani Resident of Village - Rajhat, Ward No.- 2, P.O.- Jainagar, P.S.- Jainagar, District-Madhubani.... ... Appellant/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Land Revenue, Govt. of Bihar, Patna.
2. The Divisional Commissioner, Darbhanga.
3. The District Magistrate, Madhubani.
4. The Circle Officer, Jainagar, Block Jainagar, Madhubani.
5. The S.D.O., Jaynagar, Madhubani.
6. Md. Sabir, Son of Mad. Yasin Resident of Village- Bhelwa Tola Jainagar, P.S.- Jianagar, District- Madhubani.
7. Vikki Choukhani, Son of Vikash Chandra Resident of Village - Jainagar, P.S.- Jainagar, District - Madhubani.
8. Gopal Mahto, Son of Suresh Mahto Resident of Village - Jainagar, P.S.-Jainagar, District - Madhubani.
9. Govind Kasera, Son of Shiv Nath Kasera Resident of Village - Jainagar, P.S.- Jainagar, District - Madhubani.
10. Rajan Choudhary, Son of Raja Chodhary Resident of Village - Jainagar, P.S.-Jainagar, District - Madhubani.
11. Golu Agrawal, Son of Late Satish Agrawal Resident of Village - Jainagar, P.S.- Jainagar, District - Madhubani.... ... Respondent/s
Appearance :
For the Appellant/s : Mr.Ratanakar Jha
For the Respondent/s : Mr. S. Raza Ahmad, AAG-5
Mr. Alok Ranjan, AC to AAG-5
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
11-03-2026
(Sangam Kumar Sahoo, CJ)
(Alok Kumar Sinha, J)
Ankit Kumar/-
U
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
1. The present LPA has been filed challenging the order dated 30.10.2024 passed in CWJC No. 16758 of 2024.
2. The writ petitioner has filed the writ petition seeking for the following relief(s):-
“i. To issue a writ in the nature of Mandamus directing the respondents to remove the unauthorized encroachment/structure erected and constructed over the Public Land, appertaining to old Khata No. 547, old Khesra no. 2090, Area 3 katha 13 dhur, situated at Village- Mauja Belhi, P.S. and Circle Jainagar, District- Madhubani, which has been made by the Private Respondents.
ii. To hold and declare that under the Bihar Public Land Encroachment Act, the aforesaid encroachment is illegal and fit to be removed forthwith, in the interest of local public.
iii. To hold and declare that private respondents have made illegal encroachment over the said land, hence, the Circle Officer is obliged to remove the same forthwith.”
3. When the matter was taken up before the learned Single Judge on 30.10.2024, learned counsel for the petitioner sought liberty to approach the Circle Officer, Jainagar, District- Madhubani for redressal of his grievance. Accordingly, the liberty was granted and the writ petition was disposed of.
4. Since we find no perversity or illegality in the impugned order, we are not inclined to interfere with the same.
5. Accordingly, the Letters Patent Appeal stands dismissed. Pending I.A.(s), if any, stands disposed of.
