Ashesher Shukla vs The State of Bihar
- Court
- Patna High Court
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5289 of 2025
CNR No. BRHC010221312025
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Ashesher Shukla son of Late Paras Nath Shukla, Resident of Village-Gansia,
P.S.- Manjha Garh, District- Gopalganj.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Revenue
and Land Reforms, Bihar, Patna.
2. The Principal Secretary, Department of Revenue and Land Reforms,
Government of Bihar, Patna.
3. The Collector, District- Gopalganj.
4. Deputy Collector, Land Reforms, District- Gopalganj.
5. The Sub-Divisional Officer, Gaunz, District- Gopalganj.
6. The Circle Officer, Manjha, District- Gopalganj.
7. The Superintendent of Police, District- Gopalganj.
8. The Station Head Officer, Manjha Garh, District- Gopalganj.
9. Kashi Nath Tiwari, son of Srkal Tiwari, Resident of Village-Gansia, P.S.-
Manjha Garh, District- Gopalganj.
10. Bunilal Bhagat, son of Gati Bhagat, Resident of Village-Gansia, P.S.-
Manjha Garh, District- Gopalganj.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Md. Imtiyaz Hussain, Adv.
For the Respondent/s : Mr. Ravi Kumar, GP-11
Mrs. Shweta Anand, AC to GP
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 03-11-2026
1. The Writ petition has been filed for
following reliefs:
(I) For issuance of an appropriate
writ/Writs here by commanding
among the Respondents to remove
the encroachment from the Public
Land which is on Aam Rashta
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appertaining to Khata No. 282, Plot
No. 2284, Area 4% Dhur + 15 Dhur
situated at Mauza /gansia, P.S.
Manjha Garh, district- Gopalganj.
(II) For further issuance of
appropriate writ and writs thereby
commanding upon the Respondents
Authorities to remove the
unauthorised encroachment from the
Public Land (Aam Rasta)
appertaining to Khata No. 282, Plot
No. 2284, Area 4% Dhur + 15 Dhur
situated at Mauza /gansia, P.S.
Manjha Garh, district-Gopalganj to
comply the order and direction dated
17.06.2023 passed in Complaint
Case No.
515218017012302220/1A/2023
passed by the District Public
Complaint Redressal Officer,
Gopalganj (Annexure-2) by which the
Respondent Circle officer Manjha has
been directed to get the
encroachment land, Kheshra No.
2284, measured and if any
encroachment is found then to
institute the encroachment case and
to remove the same in accordance
with law.
(III) For grant of any other relief(s)
which the Petitioner may be entitled
to the fact and circumstances the
case.
2. The brief facts, as culled out from the
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Writ petition, is that the petitioner is a resident of
Village Gausia, District Gopalganj, Thana No. 25,
Khata No. 282, Plot No. 2284, having an area of 4½
(four and a half) Dhurs + 15 Dhurs, which is
recorded as Aam Rasta in the map. It is alleged
that some persons have encroached the plot by
obstructing the Aam rasta. The petitioner filed a
complaint before Lok Shikayat Niwaran Officer,
Gopalganj and an order was passed on 17.06.2023
directing the Anchal Adhikari, Manjha to enquire,
take measurement and to submit a report. As the
illegal encroachment were not removed, the
petitioner has approached this Court.
3. A detailed counter affidavit was filed on
behalf of respondent Nos. 3 to 6 which disclose
that, on the basis of the complaint filed by one
Dulam Chaudhary and the Amin's report,
proceedings under the Bihar Public Land
Encroachment Act, 1956, have been initiated.
Requisite notices in Form-I under Section 3 and
Form-II under Section 6(2) of the said Act were duly
issued to the encroachers. The statutory process of
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inquiry, opportunity of hearing, and removal of the
encroachment, if any, is being followed strictly in
accordance with law, and therefore, prayed to
dismissed the Writ petition as it is at pre-mature
stage and no case for interference under Article
226 of the Constitution is made out.
4. However, it is the specific contention of
the Learned counsel for the petitioner that
proceedings under the Bihar Public Land
Encroachment Act, 1956, have been initiated
against the alleged encroachers, but the same
have not yet been concluded.
5. Heard the Learned counsel for the
petitioner as well as the Learned counsel for the
respondents.
6. On hearing the rival submissions of both
the parties, it is evident that proceedings under
the Bihar Public Land Encroachment Act, 1956,
have been initiated against the encroachers but ,
the proceedings have not yet been concluded, for
which has the petitioner approached this Court.
7. Therefore, this Court directs the
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respondent authorities to conclude the aforesaid
proceedings as expeditiously as possible, within a
period of three months, from the date of
receipt/production of a copy of this order.
8. With the aforesaid observations, the Writ
petition stands disposed of.
(G. Anupama Chakravarthy, J)
Aryan/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 04.11.2026
Transmission Date N/A