Patna High Court
Vipin Kumar vs The State Of Bihar on 31 July, 2025
Author: Alok Kumar Pandey
Bench: Alok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12083 of 2025
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Vipin Kumar S/o- Ashok Prasad, R/o- Village- Narsingh Bigha, PO Teusa, PS
Atri, District- Gaya, State Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna
2. The Principal Secretary, Department of Education, Government of Bihar,
Patna
3. The Senior Superintendent of Police, Gaya
4. The District Magistrate, Gaya
5. The Sub-Divisional Magistrate, Tehsil - Neemchak Badhani, District - Gaya
6. The Circle Officer, Atri Circle, District - Gaya
7. The Officer-in-Charge, Atri Police Station, District - Gaya
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Amit Narayan, Adv.
Mr. Abhigyan Kumar, Adv.
For the Respondent/s : Mr. Government Pleader (04)
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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL JUDGMENT
Date : 31-07-2025
In the instant petitioner, the petitioner has prayed
for following relief(s):-
"(a) For issuance of an appropriate writ in the
nature of mandamus or any other appropriate
writ/writs, order/orders or direction/directions
commanding the Respondents to remove the
illegal encroachment from the land of Bihar
Government Primary School, Narsingh Bigha
as well as from the private land of the
petitioner.
(b) For issuance of a writ/order/direction
commanding the Respondents to take
appropriate legal action against the illegal
land encroachers who are named as accused
persons in Atri Police Station Case
No.26/2025.
(c) For issuance of an appropriate
writ/order/direction directing the concerned
authorities to act on the representations and
Patna High Court CWJC No.12083 of 2025 dt.31-07-2025
complaints submitted by the petitioner
regarding removal of encroachment.
(d) For issuance of any other appropriate
writ/writs, order/orders or direction/directions
as may be deemed fit and proper in the interest
of justice."
2. Learned counsel for the petitioner submits that
the petitioner has made his grievance before the Circle Officer,
Atri and the S.D.O., Nimchak Badhani, Gaya and he also
represented his grievance before the District Magistrate, Gaya but
his grievance has not redressed so he has represented his grievance
before this court through writ.
3. Learned counsel for the State submits that
grievance raised by the petitioner is quite vague as he has not
mentioned any khata, kheshra and area upon which encroachment
has been made and the same is missing in the writ petition and
even if the petitioner's land or school has been encroached upon,
but the petitioner has not represented his grievance in terms of
Section 3 of the Bihar Public Encroachment Land Act. Learned
counsel, however, submits that if the petitioner represents his
grievance afresh before the concerned Circle Officer, who is the
Competent Authority of anti-encroachment drive, the same shall
be looked into. He further submits that if the petitioner has
grievance with regard to encroachment over his private land,
petitioner has to approach before the Competent Civil Court and
Section 3 of the Bihar Public Encroachment Act would not be
Patna High Court CWJC No.12083 of 2025 dt.31-07-2025
applicable.
4. Considering the facts and circumstances of the
case and the arguments advanced on behalf of the parties, the
present writ petition is disposed of with liberty to the petitioner
that if the petitioner has grievance with regard to the public land
he may approach before the Competent Authority within a period
of four weeks from the date of receipt of the order. If such
representation is filed within the stipulated period, the concerned
authority will pass appropriate order, in accordance with law, after
giving due opportunity of hearing to the parties concerned
expeditiously within a reasonable period of time, without being
prejudiced by the order passed by this court.
5. If the petitioner has any grievance with respect to his
private land, the petitioner may approach before the appropriate
forum.
(Alok Kumar Pandey, J)
amitkumar/-
AFR/NAFR AFR
CAV DATE N/A
Uploading Date 02.08.2025
Transmission Date N/A
