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Ratneshwar Prasad Singh v. The State of Bihar

Patna HC13 Oct 2025CWJC/6348/2025

Case brief

AI extract

What is this about?

Ratneshwar Prasad Singh v. The State of Bihar and others; Patna High Court CWJC No.6348 of 2025; disposed of 13-10-2025; encroachment removal from public road Khadi Bhandar Chowk to BMP-6 via Ramjanki Mandir, Ward No. 47, Mushahari, Muzaffarpur; counter affidavit admission of illegal encroachment; eight-week deadline for removal; notice to encroachers before removal; Anchal Amin report/revenue records; erring Mushahari block officials; P. B. Bajanthri, Chief Justice; Alok Kumar Sinha, Judge; petitioner's counsel Ms. Manisha Singh; Advocate General Mr. P.K. Shahi.

What did the court decide?

Directions to the concerned respondents to remove the illegal encroachment within eight weeks from receipt of the order, with notice to be issued to the illegal encroachers before removal; petition disposed of with these observations. ¶37

Ratneshwar Prasad Singh Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondents should be directed to remove the encroachment of the public road from Khadi Bhandar Chowk to BMP-6 via Ramjanki Mandir, Ward No. 47, Mushahari, Muzaffarpur. +2 more

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Court's answer

Taking note of the counter affidavit, in which the official respondents admitted illegal encroachment to a certain extent, the concerned respondents were directed to undertake the exercise of removal of the illegal encroachment within a period of eight weeks from the date of receipt of the order.

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Ratio / Principle

The respondents were further directed to take necessary steps for issuing notice to such of those illegal encroachers before proceeding to removal of the illegal encroachment.

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Key takeaways

With the above observations (the removal and notice directions), the present petition stands disposed of; the prayers for road/pavement construction and for an independent-agency enquiry are not separately addressed in the order.ratio¶36

Detailed headnote1 paragraphs

Patna High Court, Civil Writ Jurisdiction Case No.6348 of 2025 (oral order dated 13-10-2025, per the Chief Justice, P. B. Bajanthri; bench included Justice Alok Kumar Sinha): writ petition by Ratneshwar Prasad Singh seeking removal of encroachment of a public road from Khadi Bhandar Chowk to BMP-6 via Ramjanki Mandir, Ward No. 47, Mushahari, Muzaffarpur, uniform road/pavement construction thereafter, and an enquiry by an independent agency against erring Mushahari block officials who failed to act despite the Anchal Amin report identifying encroachers from revenue records. Perusing the counter affidavit, in which the official respondents admitted illegal encroachment to a certain extent, the Court directed the concerned respondents to undertake removal of the illegal encroachment within eight weeks from the date of receipt of the order, and further directed that notice be issued to the illegal encroachers before removal proceeds. With these observations the petition was disposed of; the construction and enquiry prayers were not separately addressed in the order.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6348 of 2025

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Ratneshwar Prasad Singh S/o-Nand Kishore Pandey, R/o- Bawan Bigha, Road No. 08, PS-Mithanpura, District-Muzaffarpur, Bihar-842002.

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... ... Petitioner/s

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Versus

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The State of Bihar though the Principal Secretary, Urban Development and Housing Department, Govt. of Bihar, Patna.

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The Divisional Commissioner, Tirhut Division, Muzaffarpur.

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The District Magistrate, Muzaffarpur.

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The Senior Superintendent of Police, Muzaffarpur.

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The Municipal Commissioner, Muzaffarpur.

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The Sub-Divisional Magistrate, East Muzaffarpur.

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The Sub-Divisional Police Officer, East Muzaffarpur.

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The Station House Officer, Mithanpura, Police Station, Muzaffarpur.

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The Circle Officer, Mushahari, Muzaffarpur.

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The Circle Inspector, Mushahari, Muzaffarpur.

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The Halka Karmchari, Ward No. 47, Kanhauli, Vishnudutta, PSMithanpura.

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... ... Respondent/s

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====================================================== Appearance :

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For the Petitioner/s : Ms. Manisha Singh, Adv For the Respondent/s : Mr. P.K. Shahi, Advocate General

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CORAM: HONOURABLE THE CHIEF JUSTICE

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and HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER

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(Per: HONOURABLE THE CHIEF JUSTICE)

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5 13-10-2025 In the instant petition, petitioner has prayed for the

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following reliefs:

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(i) For a direction upon the Respondents to remove the encroachment of public road from Khadi Bhandar Chowk to BMP-6 via Ramjanki Mandir, Ward No. 47,

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Patna High Court CWJC No.6348 of 2025(5) dt.13-10-2025 2/3

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Mushahari, Muzaffarpur.

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(ii) For a direction upon the Respondents to allow construction of road and pavement after removal of the encroachment so that the width of the road is uniformly maintained.

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(iii) For a direction upon the Respondent, District Magistrate to hold an enquiry by any independent Agency against erring officials of the Mushahari block who are not taking any action against the encroachers despite report of the Anchal Amin identifying the encroachers on the basis of revenue records.

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(iv) Any other order/orders for which the petitioner is found entitled to in the facts and circumstances of the present case.

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Perusal of the counter affidavit, the official

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respondents have admitted illegal encroachment to certain extent. Taking note of the counter statement, the concerned respondents are hereby directed to undertake the exercise of removal of illegal encroachment within a period of eight weeks from the date of receipt of this order. The respondents are further directed to take necessary steps for issuing notice to such of those illegal encroachers before proceeding to removal of

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Patna High Court CWJC No.6348 of 2025(5) dt.13-10-2025 3/3

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illegal encroachment.

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