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Patna High Court
Avadhkishor Rai vs The State Of Bihar on 16 February, 2026
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.419 of 2026
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1. Avadhkishor Rai Son of Late Dharmanath Rai, resident of Titra, Siwan,
P.O.-Titra, P.S.-Mairwa, District-Siwan-841245.
2. Shwetank Rai, Son of Late Rakesh Kumar Rai, resident of VTC-Titra, P.O.-
Titra, P.S.-Mairwa, District-Siwan-841245.
3. Shailendra Kumar Rai, Son of Late Surendra Rai, resident of Titra, Siwan,
P.O.-Titra, P.S.-Mairwa, District-Siwan-841245.
4. Vikash Kumar Rai, Son of Upendra Kumar Rai, resident of Titra, Siwan,
P.O.-Titra, P.S.-Mairwa, District-Siwan-841245.
5. Abhishek Kumar, Son of Chhabinath Tiwari, resident of Titra, Siwan, P.O.-
Titra, P.S.-Mairwa, District-Siwan-841245.
... ... Petitioner/s
Versus
1. The State of Bihar through its Chief Secretary, Government of Bihar, Patna.
2. The Chief Secretary, Government of Bihar, Patna.
3. The Water Resources Department through its Principal Secretary,
Government of Bihar, Patna.
4. The Agriculture Department through its Principal Secretary, Government of
Bihar, Patna.
5. The Principal Secretary, Water Resources Department, Government of Bihar,
Patna.
6. The Principal Secretary, Agriculture Department, Government of Bihar,
Patna.
7. The Divisional Commissioner, Chhapra, Saran, Bihar.
8. The District Magistrate, Siwan, Bihar.
9. The Sub Divisional Officer, Siwan, Bihar.
10. The Sub Divisional Public Grievance Redressal Officer, Sub-Division,
Siwan, Bihar.
11. The Circle Officer, Jiradei, Siwan, Bihar.
12. The Halka Rajaswa Karamchari, Jiradei, Siwan.
Patna High Court CWJC No.419 of 2026 dt.16-02-2026
2/3
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Ms.Riya Giri, Adv.
For the Respondent/s : Mr. Vikash Kumar, AC to AG
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 16-02-2026
This writ petition in the nature of Public Interest
Litigation has been filed by the petitioners seeking for a
direction to the respondents to remove illegal encroachment
from Raj Pokhar situated at Tauzi No. 3918, Khata No. 616,
Khesra No. 7171, Rakwa 2-7-12, Village Titra, Siwan, inter
alia, with other prayer(s).
2. Learned counsel for the petitioners fairly
submitted that steps have already been taken under the Bihar
Public Land Encroachment Act, 1956 and applications have
been filed before the Circle Officer, Jiradei, Siwan, which is
annexed to this writ petition as Anneuxre P/1 series and it
carries photographs of the unauthorized encroachment.
3. When we made a pertinent query to learned
counsel as to what happened to such application, the answer is
that no communication has been received from the said
authority.
4. In view of the aforesaid facts, it is open to the
Patna High Court CWJC No.419 of 2026 dt.16-02-2026
petitioners to pursue their statutory remedy available under the
Act, 1956 or to approach the learned Single Judge of this Court
by filing appropriate application. Accordingly, this writ petition
stands disposed of.
(Sangam Kumar Sahoo, CJ)
( Harish Kumar, J)
Anjani/-
AFR/NAFR N/A
CAV DATE N/A
Uploading Date 18.02.2026
Transmission Date N/A
