Disposed

Daya Nand Tiwari v. The State of Bihar

Patna HC17 Aug 2026CWJC/11006/2026

Case brief

AI extract

What is this about?

The High Court of Patna disposed of the writ petition filed for removal of encroachment over a public road. The court directed the petitioner to file a fresh detailed representation with full details of encroachers before the Executive Officer, Nagar Parishad.

What did the court decide?

Directed the petitioner to file a fresh detailed representation regarding encroachment; upheld for the Executive Officer to examine, adjudicate, and remove encroachment within three months.

Daya Nand Tiwari Vs The State of Bihar — Municipal and Town Planning | Patna HC (2026)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11006 of 2026

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Daya Nand Tiwari S/o Shri Sachidanand Tiwari, R/o- Muhalla Khurmabad, Siwan Lalit Bus Stand, P.S.- Muffasil Siwan, District- Siwan.

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... ... Petitioner/s

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Versus

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The State of Bihar through The Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar.

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The District Magistrate, Siwan.

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The Additional District Magistrate, Siwan.

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The Sub-Divisional Officer, Siwan.

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The Executive Officer, Nagar Parishad, Siwan.

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... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Chandra Kant, Advocate For the Respondent/s : Mr.Government Pleader (14) For Nagar Parishad : Mr. Bindhyachal Rai, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR

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ORAL ORDER

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2 17-08-2026

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Heard learned counsel for the petitioner, learned

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counsel for the State and learned counsel for the Nagar Parishad.

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The instant writ application has been filed for the following relief(s):-

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I. For issuance of an appropriate writ/writs, order/orders, direction/directions commanding the respondent authorities to remove the encroachment made over the public road in light of "Najari Naksha" supplied vide Letter No. 171 dated 18.11.2020 (Annexure P/1)showing the width of the road as 13 feet and encroachment over road of ward no

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Patna High Court CWJC No.11006 of 2026(2) dt.17-08-2026 2/3

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24 situated at Khurmabad from house Bhagirathi Chauhan to Usha Devi.

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II. For issuance of an appropriate writ/writs, order/orders, direction/directions commanding the respondent to consider and dispose of the petitioner's representations dated 21.04.2024, 05.12.2024, 10.01.2025, 19.02.2025 and 01.04.2025 within a time bound period;

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III. For issuance of an appropriate writ/writs, order/orders, direction/directions commanding the respondents to ensure that no further encroachment is made upon the public road and drainage in future;

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And/ Or

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IV. For issuance of any other appropriate writ/writs, order/orders, direction/directions, for which petitioner may deemed entitled under the fact and circumstance of the case.

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The petitioner is directed to file a fresh detailed representation, in continuation to previous applications, with regard to the encroachment, in question, giving full details of the persons who have made construction over the land and creating obstruction over the public road by blocking the same.

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It is expected that once such an application for removal of the encroachment is filed by the petitioner, then the Executive Officer, Nagar Parishad, Siwan shall examine the issue and on finding the land, in question, under encroachment,

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Patna High Court CWJC No.11006 of 2026(2) dt.17-08-2026 3/3

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appropriate proceedings shall be drawn, and after giving notice to all concerned, necessary orders shall be passed, adjudicating the issues, in question, and once it is found that the land, in question, is a public land and the same has been encroached by the private persons, the same shall be made encroachment free within the time so allowed under the statute.

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It is expected that the entire exercise shall be carried out and concluded within a period of three months from the date of representation made by this petitioner.

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With the aforesaid observation and direction, the instant writ petition stands disposed of.

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(Ajit Kumar, J)

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surya/-

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Daya Nand Tiwari v. The State of Bihar

Case brief

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Daya Nand Tiwari v. The State of Bihar

Case brief

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