Ravi Kant Kumar v. The State Of Bihar and Ors.

Patna HC20 Nov 2025CWJC/11234/2016

Case brief

AI extract

What is this about?

Patna High Court CWJC No. 11234 of 2016, Ravi Kant Kumar v. State of Bihar & Ors., Rajiv Roy J., decided 20-11-2025. Encroachment on public land at Village Bhorey, District Gopalganj; removal sought under Bihar Public Land Encroachment Act, 1956; notice under Section 6(2); Circle Officer, Bhore order dated 30.01.2024; final removal order (dated 15.07.2025 per counsel); respondents duty bound to comply; liberty to file contempt petition; writ petition disposed of; private respondent Sugriv Singh; related proceedings CWJC No. 5828 of 2023 dated 16.10.2023.

What did the court decide?

Writ petition disposed of with the observation that an order having been passed, the respondents are duty bound to take steps for its compliance, and with liberty to the petitioner to prefer a contempt petition in case of failure to comply. ¶¶31

Ravi Kant Kumar Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether an appropriate writ/order/direction should issue commanding the respondent authorities to remove the encroachment effected by the private respondents on the public land, in light of the provisions of the Bihar Public Land Encroachment Act, 1956. +1 more

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Ratio / Principle

An order for removal of encroachment having been passed, the respondents are duty bound to take steps for its compliance.

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Key takeaways

In case of failure of the respondents to take steps for compliance, the petitioner has liberty to prefer a contempt petition.ratio¶¶30

Detailed headnote1 paragraphs

Patna High Court (Rajiv Roy, J.), order dated 20-11-2025, in Civil Writ Jurisdiction Case No. 11234 of 2016 (Ravi Kant Kumar v. The State of Bihar & Ors.) — writ petition preferred for issuance of an appropriate writ/order/direction commanding the respondent authorities to remove encroachment from public land by the private respondents in light of the Bihar Public Land Encroachment Act, 1956. Per the counter affidavit of respondent nos. 02 to 04 (signed by the Circle Officer, Bhore, Gopalganj), in pursuance of the Hon'ble High Court's order in CWJC No. 5828 of 2023 dated 16.10.2023, the Circle Officer, Bhore by order dated 30.01.2024 issued notice to the alleged encroacher Sugriv Singh to submit his representation and documents; the final order to remove the encroachment has been passed and notice of removal served under Section 6(2) of the Bihar Public Land Encroachment Act, 1956. Counsel for the petitioner pointed out that the order is of 15.07.2025 and that it was unclear whether further steps had been taken. Held: an order having been passed, the respondents are duty bound to take steps for its compliance, and on failure the petitioner has liberty to prefer a contempt petition. Writ petition disposed of.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11234 of 2016

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Ravi Kant Kumar Son of- Shambhu Singh, Resident of Village- Bhorey, TolaWest, P.O. and P.S.- Bhorey, District- Gopalganj. ... ... Petitioner/s

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Versus

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The State Of Bihar

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Collector, Gopalganj, District- Gopalganj.

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Incharge Deputy Collector Public Grievances Cell Collectoriate, Gopalganj.

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Anchal Padadhikari Bhorey, District- Gopalganj.

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Sugriv Singh, Son of- Late Sita Ram Singh, Resident of Village- Bhorey, Tola- West, P.O. and P.S.- Bhorey, District- Gopalganj.

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... ... Respondent/s

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======================================================

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Appearance :

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For the Petitioner/s : Mr.Suresh Prasad Bhakta, Advocate For the Respondent/s : Mr.Sc16- Abbas Haider ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

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ORAL ORDER

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4 20-11-2025 Heard the parties.

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The present petition has been preferred for the

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following relief/s:

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(i) for issuance of an appropriate writ/order/direction commanding the respondent authorities to remove the encroachment from the Public Land which details are mentioned in Para- 3 of this application encroached by the Private respondents in the light of provisions of the Bihar Public Land Encroachment Act, 1956 in accordance with law.

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A counter affidavit has come on behalf of

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Patna High Court CWJC No.11234 of 2016(4) dt.20-11-2025 2/3

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respondent nos. 02 to 04 duly signed by the Circle Officer, Bhorey (Gopalganj) and paragraphs 14 and 15 read as follows:

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14. That the statement made in Paragraph No. 14 of the writ application, it is submitted that in pursuance to the order of Hon'ble High Court passed in CWJC No. 5828 of 2023 dated 16.10.2023 the said encroacher Sugriv Singh (petitioner of writ petition) had submitted any representation or any document in support of his possession over public land therefore, the Circle Officer, Bhore by passing order dated 30.01.2024 issued notice to said Sugriv Singh to submit his representation and the document regarding the land in question.

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15. That the statement made in

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Paragraph No. 15 of the writ application it is submitted that the final order to remove the encroachment on

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Patna High Court CWJC No.11234 of 2016(4) dt.20-11-2025 3/3

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said land has been passed by the Circle Officer, Bhore and a notice to remove the encroachment has also been served under Section 6(2) of Bihar Public Land Encroachment Act, 1956.

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Learned State counsel submits that an order has been passed and consequential steps shall be taken immediately.

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Learned counsel for the petitioner submits that the order is of 15.07.2025, we are in the month of November, 2025 and it is not clear whether further steps has been taken or not.

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After hearing the parties and perusing the record, in the opinion of the Court, an order has been passed, the respondents are duty bound to take steps for its compliance, failure to do so, the petitioner has liberty to prefer contempt petition.

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With the aforesaid observation, the writ petition is disposed of.

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(Rajiv Roy, J)

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Ravi/-

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Ravi Kant Kumar v. The State Of Bihar and Ors.

Case brief

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Ravi Kant Kumar v. The State Of Bihar and Ors.

Case brief

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