Disposed¶29

Sachhida Nand Pandey and Ors. v. The State Of Bihar and Ors.

Patna HC21 Jul 2026CWJC/20267/2018

Case brief

AI extract

What is this about?

Encroachment removal; Khatiyani land; village Ahirauli; P.S. Kateya; Gopalganj; District Magistrate; fresh representation; Annexure-3; road construction disturbance; Circle Officer Punchdeory; writ disposed with directions and liberty to re-approach; CWJC No.20267 of 2018; Patna High Court; Raj Kumar, J.; no statute or precedent cited; no quantum awarded.

What did the court decide?

Writ disposed of with liberty: petitioner to file a fresh representation before the District Magistrate, Gopalganj (respondent no. 2) within two weeks; DM to examine the matter and, if the petitioner is found entitled, pass necessary orders and take steps for removal of the encroachment within six weeks of filing; liberty reserved to approach the Court again if the representation remains undecided. ¶29

Sachhida Nand Pandey and Ors. Vs The State Of Bihar and Ors. — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the authorities can be directed to remove the encroachment from the petitioner's Khatiyani land situated at village Ahirauli, P.S.- Kateya, District- Gopalganj. +1 more

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Court's answer

The Court deemed it fit and proper that the petitioner file a fresh representation before the District Magistrate, Gopalganj (respondent no. 2) within two weeks, and thereafter respondent no. 2 will examine the matter.

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Ratio / Principle

If, on examination, the petitioner is found entitled to the relief, the District Magistrate is to pass necessary orders and take steps for removal of the encroachment within six weeks from the filing of such representation.

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Key takeaways

The present application stands disposed of with a liberty to the petitioner.ratio¶29
If the District Magistrate (respondent no. 2) does not decide the representation and the issue remains unaddressed, the petitioner can approach this Court for further directions.ratio¶30

Detailed headnote1 paragraphs

Patna High Court (Raj Kumar, J.), by oral order dated 21-07-2026, disposed of CWJC No.20267 of 2018 in which the petitioners sought directions for removal of encroachment from their Khatiyani land at village Ahirauli, P.S.- Kateya, District- Gopalganj, and objected to road construction by respondent no. 5 (Circle Officer, Punchdeory) causing disturbance. Earlier representations (Annexure-3) had produced no action, a position not disputed by the State's counsel. Without adjudicating entitlement, the Court directed the petitioner to file a fresh representation before the District Magistrate, Gopalganj within two weeks; the DM was to examine the matter and, if the petitioner were found entitled, pass necessary orders and take steps for removal of the encroachment within six weeks of such filing. Liberty was reserved to the petitioner to approach the Court again for further directions if the representation remained undecided.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20267 of 2018

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======================================================

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Sachhida Nand Pandey and Ors

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Arun Kumar Pandey.

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Narsingh Pandey,

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Virendra Pandey. All are Son of Late Bhuneshwar Pandey,

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Deepak Pandey @ Deepak Kumar Pandey, Son of Gorakhnath Pandey.

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Harendra Pandey, Son of Rishdeo Pandey. All are resident of Village- Manik Chhapar P.S. Katey, District- Gopalganj.

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... Petitioner/s

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Versus

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The State Of Bihar and Ors

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The District Magistrate, Gopalganj.

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The Sub-Divisional Officer Hathwa District- Gopalganj.

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The Superintendent of Police, Gopalganj.

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The Circle Officer, Punchdeory, District Gopalganj.

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The Officer-In-Charge, P.S. Kateya, District- Gopalganj.

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... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Prithvi Nath Mishra, Adv. For the Respondent/s : Mr. Rishi Raj Sinha- SC19 ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJ KUMAR ORAL ORDER

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2 21-07-2026

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Heard learned counsel for the petitioner as well

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learned counsel appearing on behalf of the State.

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By way of this writ application, petitioner is seeking directions from the authorities to remove the encroachment from his Khatiyani land which has been situated in the village Ahirauli, P.S.- Kateya, District- Gopalganj. Further prayer has been made that respondent no. 5 is constructing road in that area which is causing disturbance to the petitioner.

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Learned counsel for the petitioner submits that he

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Patna High Court CWJC No.20267 of 2018(2) dt.21-07-2026 2/3

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has given several representations before the concerned authorities vide Annexure-3, but up till now, no action whatsoever has been taken by the concerned authorities.

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Learned counsel for the State is present and he has also not disputed this position.

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In the background of these facts, the Court deems it fit and proper that the petitioner may file a fresh representation before the District Magistrate, Gopalganj (respondent no. 2), within a period of two weeks from today and thereafter, the respondent no. 2 will examine the matter and if, it is found that the petitioner is entitled to the relief, necessary orders be passed and steps be taken for removal of the encroachment within a period of six weeks from the filing of such representation.

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The present application stands disposed of with a liberty to the petitioner.

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If the District Magistrate (respondent no. 2) does not decide the representation of the petitioner and issue, in question remains unaddressed, he can approach this Court for further directions.

(Raj Kumar, J)

prachi/-

Patna High Court CWJC No.20267 of 2018(2) dt.21-07-2026 3/3

Sachhida Nand Pandey and Ors. v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Sachhida Nand Pandey and Ors. v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

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