Patna High Court
Kumar Nagendra Singh @ Nagendra Singh vs The State Of Bihar on 5 August, 2025
Author: Alok Kumar Pandey
Bench: Alok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12593 of 2025
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Kumar Nagendra Singh @ Nagendra Singh Son of Late Ram Bahadur Singh,
Resident of Village- Belwara, Ward No.- 12, P.S.- Kamtaul, District-
Darbhanga.
... ... Petitioner
Versus
1. The State of Bihar through Secretary, Land and Revenue Department, Bihar,
Patna.
2. The Secretary, Land and Revenue Department, Bihar, Patna.
3. The District Magistrate, District- Darbhanga.
4. The Sub-Divisional Magistrate, Sadar Darbhanga.
5. Circle Officer, Anchal Jale, District- Darbhanga.
6. The Station House Officer, Kamtaul P.S., District- Darbhanga.
7. Dhirendra Kumar Singh, Son of Satyanarayan Singh, Resident of Village-
Belwara, Ward No.- 12, P.S.- Kamtaul, District- Darbhanga.
8. Ghyanendra Kumar Singh @ Niru, Son of Satyanarayan Singh, Resident of
Village- Belwara, Ward No.- 12, P.S.- Kamtaul, District- Darbhanga.
... ... Respondents
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Appearance :
For the Petitioner/s : Mr. Vinay Kumar Mishra, Advocate
For the Respondent/s : Mr. Sunil Kumar Mandal, SC 3
Mr. Bipin Kumar, AC to SC 3
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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL JUDGMENT
Date : 05-08-2025
Heard the parties.
2. In the instant petition, petitioner seeks
following relief(s):-
(i) For issuance of
writ of mandamus Commanding
respondent authority to remove the
Patna High Court CWJC No.12593 of 2025 dt.05-08-2025
encroachment of Gair Mazarua
Aam Rasta bearing Khesra no.-
3536, Area- 10 dhur situated under
Mauza- Belwara, Thana no.- 39,
Anchal Jale, District- Darbhanga,
encroached by private respondent
no,. 7 and 8.
(ii) For issuance of
writ of mandamus commanding the
respondent authority to take legal
action against the Private
respondent no.- 7 and 8, regarding
the Construction Wall is going on,
the aforementioned Gari Mazarua
'Aam Rasta'.
(iii) For issuance of
such other writ or order or
direction which may deem fit and
proper for removal of encroached
land.
3. Learned counsel for the petitioner submits that
land appertaining to Khesra No. 3536, Thana No. 39, Area 10
dhur situated at Mouza Belwara, Anchal - Jale, District -
Darbhanga is Government land/'Aam Rasta' and the same has
been encroached by private respondent nos. 7 and 8 and they
have initiated construction on the said land. Learned counsel
further submits that the aforementioned land is used by the
petitioner since very long period and he has no alternative
except the said land. He further submits that petitioner filed an
application before the Circle Officer, Jale to stop the
Patna High Court CWJC No.12593 of 2025 dt.05-08-2025
construction work on the said land on 21.07.2023 (Annexure
P/1). Thereafter, petitioner also represented before the S.D.O.,
Sadar Darbhanga for removal of encroachment over the said
land on 13.11.2023 (Annexure P/2). He further submits that
petitioner represented his grievance to the District Magistrate,
Darbhanga on 30.04.2025 for removal of encroachment but no
action has been taken up till now.
4. Learned counsel for the State submits that land
in question is a public land and petitioner has to represent before
the District Magistrate, Darbhanga, Jale under Section 3 of the
Bihar Public Land Encroachment Act, 1956. If the petitioner
represents his grievance as per the statutory provision before the
competent authority, the concerned authority will look into the
matter.
5. Considering the facts and circumstances of the
present case and the submissions advanced on behalf of the
parties, the present writ petition stands disposed of with
direction to represents his grievance, as has been raised in the
present writ petition, afresh before the Collector, Jale under
Section 3 of the Bihar Public Land Encroachment Act, 1956
within a period of three weeks from the date of receipt of this
order. If such representation is filed within the stipulated period,
Patna High Court CWJC No.12593 of 2025 dt.05-08-2025
the concerned authority shall pass appropriate order in
accordance with law after giving due opportunity of hearing to
the parties concerned within a reasonable period of time without
being prejudiced by the order passed by this Court.
(Alok Kumar Pandey, J)
alok/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 07.08.2025.
Transmission Date N/A
