Writ petition seeking removal of encroachments on kabristan and dargah land in Saran. The State reported that an encroachment case was already initiated and measurement by Anchal Amin awaited. The High Court declined to pass further orders given the ongoing statutory proceedings and disposed of the writ application.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7231 of 2025
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Md. Ali Son of- Late. Md. Jamir Alam, Residence of Mohalla- Nawada, Sonepur, P.S-Sonepur, District- Saran, 871101.
... ... Petitioner
Versus
... ... Respondents
====================================================== Appearance : For the Petitioner : Mr. Saroj Kumar Sharma, Advocate Mr. Vikash Kumar, Advocate Mr. Anupam Bahadur, Advocate Mr. Sunny Kumar, Advocate Mr. Piyush Kumar, Advocate For the Respondents : Mr. Md. Anjum Akhter, Advocate ======================================================
CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and
HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
(Per: HONOURABLE THE ACTING CHIEF JUSTICE)
Patna High Court CWJC No.7231 of 2025(5) dt.08-12-2025
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“i. For issuance of an appropriate writ in the nature of Mandamus, commanding and directing the respondents to remove encroachment over a kabristan (Graveyard) located on land bearing Khata no. 80, 140, Khesra no. 533, 540, 534, Area 4 Bihar, 3 Kattha 9 Dhur situated under Kasmar Mauza, Thana no. 80 of Sonpur Circle at Saran, Chapra and over Dargah bearing Khata no. 18, Khesra no. 66 total Area 5 Kattaha, 2 Dhur, situated at Nawada Mauza, Than no. 79 of Sonpur Circle at Saran, Chapra.
ii. For issuance of an appropriate writ in the nature of Mandamus, commanding and directing the respondents to vacate encroachment on land of Kabristan and Dargah as stated above upon which anti-social people of the same locality have constructed house forcefully as well as illegally have constructed boundary wall.
iii. For issuance of any other writ/writs/order/orders/direction/directions for which the writ petitioner is legally found entitled under the facts and circumstances of the case.”
“6. That first of all it would be relevant to mention here that after getting knowledge about the grievance of the petitioner, the Circle Officer, Sonepur initiated a Encroachment Case No. 01/2025 and to find out the reality called for report from the concerned Halka Karamchari who after going through the revenue record/s submitted a report
Patna High Court CWJC No.7231 of 2025(5) dt.08-12-2025 3/4
wherein and whereby he report that the land bearing Khata No. 80, Plot No. 540, Area 01-16-12 is recorded in Khatiyan as “Gairmajarua Aam” and its nature is “Kabristan”. He further reported that as per Trizya Plot No. 533, Area 00-14-10 is also recorded in Khatiyan as “Gairmajarua Aam” and its nature is “Kabristan”. He further also reported that Khatiyan of land bearing Thana No. 79, Khata No. 18, Plot No. 66, situated in Village-Nawada is not available. He also reported that land in question has been encroached by some persons and requested the Circle Officer, Sonepur to get measured the land in question by Anchal Amin so that actual encroachment be identified.
Patna High Court CWJC No.7231 of 2025(5) dt.08-12-2025 4/4
(Sudhir Singh, ACJ)
(Rajesh Kumar Verma, J)
Sachin/-
U
1 issue framed by the court
Should the Court direct removal of alleged encroachments over kabristan and dargah land while statutory encroachment proceedings under the Bihar Public Land Encroachment Act, 1956 are pending?
1 provisions across 1 enactments
Md. Ali
The State of Bihar through the Chief Secretary, Government of Bihar
The Principal Secretary, Home Department, Government of Bihar
The Commissioner, Saran Division, Chapra
The District Magistrate, Saran
The Superintendent of Police, Saran
Sudhir Singh
Rajesh Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
