Disposed¶35

Anil Ray v. The State of Bihar through the Principal Secretary

Patna HC6 Jul 2026CWJC/1798/2025

Case brief

AI extract

What is this about?

Encroachment on public land; removal of encroachers; Dalsinghsarai Bazar Samiti; Mauja Chakmutarja; Thana No. 64; Khesra Nos. 12, 13, 14, 18, 19, 23, 24, 25, 28; Circle Officer proceedings; direction to District Magistrate-cum-Collector and Additional Collector, Samastipur; Bihar State Agriculture Marketing Board; Agriculture Department, Government of Bihar; Covid-2019 market shifting; Gudri Road vegetable market sealed; eviction of shopkeepers from Bazar Samiti campus; counter affidavit paragraph 6; writ disposed of as nothing survived for adjudication; Patna High Court 2026; Vikash Kumar J.

What did the court decide?

This Court accepted the submissions made on behalf of the petitioner, found that nothing remains for adjudication, and disposed of the writ application accordingly. ¶35

Anil Ray Vs The State of Bihar through the Principal Secretary — Patna HC (2026) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1798 of 2025

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Anil Ray, Son of Ram Narayan Ray, Resident of Village - Harishankarpur, Ward No. 09, P.O. - Anischak, P.S. - Dalsinghsarai, District- Samastipur.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Secretary, Agriculture Department, Government of Bihar, Patna.

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The Bihar State Agriculture Marketing Board, Pant Bhawan, Jawaharlal Nehru Marg, Patna through its Administrator.

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The Commissioner, Darbhanga Division at Darbhanga.

The District Magistrate - cum- Collector, Samastipur.

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The Additional Collector, District - Samastipur.

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The District Agriculture Officer, District - Samastipur.

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The Sub-Divisional Officer - cum- Ex-officio Chairman Bazar Samiti, Sub - Division - Dalsinghsarai, District- Samastipur.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr. Ashok Kumar Choudhary, Sr. Advocate Mr. Ujjwal Kumar, Advocate For the state : Mr. Anil Kumar Singh, GP- 27 ======================================================

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CORAM: HONOURABLE MR. JUSTICE VIKASH KUMAR ORAL ORDER

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2 06-07-2026 Heard Mr. Ashok Kumar Choudhary, learned Senior

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Counsel assisted by Mr. Ujjwal Kumar, learned counsel on behalf of the petitioner and Mr. Anil Kumar Singh, GP 27, learned counsel for the State.

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In the present writ application the petitioner has prayed for the following reliefs:-

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(a) For a direction upon the Respondent authorities to remove encroachment over the public land i.e. Dalsinghsarai Bazar Samiti premises is situate at Mauja Chakmutarja, Thana No. 64, Circle - Dalsinghsarai, at Khesra Nos. 12, 13, 14, 18, 19, 23, 24, 25 and 28, immediately without any

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Patna High Court CWJC No.1798 of 2025(2) dt.06-07-2026 2/3

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unnecessary delay.

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(b) For a direction upon the Respondent Authorities particularly Respondent No. 6 to initiate appropriate proceeding before the Circle Officer to remove the aforesaid encroachment from public land i.e. Dalsinghsarai Bazar Samiti premises is situate at Mauja Chakmutarja, Thana No. 64, Circle Dalsinghsarai, at Khesra Nos. 12, 13, 14, 18, 19, 23, 24, 25 and 28.

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(c) For a direction upon the Respondent authorities to restrain illegal encroachers to further encroach upon the public land i.e. Dalsinghsarai Bazar Samiti premises is situate at Mauja Chakmutarja, Thana No. 64, Circle Dalsinghsarai, at Khesra Nos. 12, 13, 14, 18, 19, 23, 24, 25 and 28.

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(d) To pass any other order/orders in shape of a consequential relief to which the Petitioner may be found to be legally entitled to in the facts and circumstances of the instant case at hand.

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At the outset, learned counsel appearing on behalf

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of the petitioner submits that the present writ application may be disposed of in terms of the submission made in paragraph 6 of the counter affidavit, filed on behalf of respondent nos. 3, 4, 5 and 7, which is reproduced hereinbelow:-

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“these Respondent have to say that during the Covid-2019 vegetable market which was running at Gudri Road, Dalsinghsarai was sealed and shop keepers of vegetable Gudri Road, Daisinghsarai were directed to continue their business under the Campus of Bazar Sammittee, Dalsinghsarai. After some times, where the situation under Covid-2019 became normal all those shop keepers were directed to replace at old vegetable market at Gudri Road, Dalsinghsarai and shop keepers were evicted from campus of Bazar Sammittee.”

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