Disposed¶23

Manoj Prasad v. The State Of Bihar and Ors.

Patna HC3 Jul 2025CWJC/15404/2016

Case brief

AI extract

What is this about?

Encroachment/illegal construction removal on gairmazarua bazar land (Khata 973, Plot 7055, Chiraiya, East Champaran); Bihar Public Land Encroachment Act; Circle Officer Chiraiya; Jamabandi J.B No.217 cancellation proposal to Additional Collector; writ withdrawn with liberty; Patna High Court CWJC No.15404 of 2016, order dt. 03-07-2025.

What did the court decide?

Liberty to the petitioner to approach the Circle Officer, Chiraiya, District East Champaran for filing an appropriate case for removal of encroachment; the writ application otherwise withdrawn and disposed of without adjudication. ¶23

Manoj Prasad Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15404 of 2016

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Manoj Prasad
	... Versus	... Petitioner
The State Of Bihar and Ors
=====================	... ... =========================	Respondents ========
Appearance :
For the Petitioner/s : : :	Mr. Binod Kumar Mishra, Advocate Mr. Uma Shankar Verma, Advocate Kumar Anjali, Advocate
For the Respondent/s :	Mr. Subhash Chandra Yadav, Gp-15
For the State : =====================	Mr. Dhurjati Kumar Pd., GP-14 =========================	========
CORAM: HONOURABLE	MR. JUSTICE ALOK KUMAR	SINHA

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ORAL ORDER

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4 03-07-2025

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Heard learned counsel for the petitioner and learned

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counsel for the Respondent-State.

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2. The petitioner in the present writ application has prayed for the following reliefs:-

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“i .) That this is an application for issuance of an appropriate writ, order or direction to remove illegal construction from the land of Chiraiya Bazar (Khartari) P.S. -Chiraiya,District-East

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Champaran, bearing Khata No. 973, Plot No. 7055, area 1 Bigha 10 Kattha, 13 dhurs, which is a land of Bazar Land since the time of Revisional Survey and further direct to ensure fencing of the Bazar land as permanent settlement of the dispute in as

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Patna High Court CWJC No.15404 of 2016(4) dt.03-07-2025 2/4

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much as due to such dispute of encroachment/ illegal construction there is apprehension of breach of peace in the locality concern, but the authorities of the state are not taking this matter seriously. ii .) And for any other reliefs / for which the petitioner is found entitled in the facts and circumstances of the case.”

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3. Learned counsel for the Respondent-State draws

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the attention of this Court to paragraph nos. 5 and 6 of the counter-affidavit filed by the Respondent-State which is quoted hereinbelow for the needful:-

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“5. That the Respondents Nos.5 to 7 were asked as to why they have made construction over gairmazarua Plot No.7055 of Khata No.973 Situated under Mauza Khartari (Tola Chiraiya) Anchal Chiraiya, District East Champaran. The respondents No.5 to 7 claimed settlement of 5 decimal portion of the land in question. They claimed Jamabandi vide J.B No.217 running in the name of their father Raj Kumar Shah and they are paying rent to the State of Bihar. Since the land is recorded in R.S Khatiyan as

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Patna High Court CWJC No.15404 of 2016(4) dt.03-07-2025

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3/4

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Gairmazarua land in the nature of bazar and the same is under sairat in the nature of bazar in the State of Bihar as such proposal for cancellation of Jamabandi concerned has been sent to the Additional Collector, East Champaran.

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6. That the Matter of removal of encroachment of the portion of the plot in question from the respondents No. 5 to 7 will depend on the order of cancellation of the Jamabandi concerned.”

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4. In light of the aforesaid statement made in the

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counter-affidavit by the Respondent-State, the learned counsel for the Respondent-State submits that it would be better if the petitioner could approach the Circle Officer under Bihar Public Land Encroachment Act for removal of encroachment.

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5 . Learned counsel appearing for the petitioner agrees to this and seeks to withdraw the present writ application with liberty to approach the Circle Officer under Bihar Public Land Encroachment Act.

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6 . Accordingly, the present writ application is disposed of granting liberty to the petitioner to approach the Circle Officer, Chiraiya, District East Champaran for filing appropriate case for removal of encroachment.

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Patna High Court CWJC No.15404 of 2016(4) dt.03-07-2025 4/4

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7 . With the aforesaid liberty granted, the present writ

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application is disposed of.

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(Alok Kumar Sinha, J)

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Gaurav Sinha/-

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