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Usha Devi Vs The State of Bihar — Patna HC (2026) — LawSathi Research

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Patna HC
2026
Usha Devi Vs The State of BiharUsha Devi v. The State of Bihar

Disposed¶¶26

Usha Devi v. The State of Bihar

Patna HC12 Jan 2026CWJC/21015/2025

Case brief

AI extract

What is this about?

Short oral order disposing of a writ petition alleging encroachment by the Roads arm of the State on privately held land backed by a civil court decree. Key elements: plot no. 3318, Khata No. 926, area 50 decimal, Village Manakpur, P.S. Warisaliganj/Warsaliganj, District Nawada; settlement by ex-landlord; favourable decision in Title Suit No. 266 of 2016; alleged forced encroachment by Executive Engineer, Road Construction Department, Nawada; petition remitted to Collector, Nawada for hearing of all parties and decision, with a completion timeline of 30.06.2026. Useful for matters on encroachment complaints by government departments over land held under civil-court title being routed to executive authorities instead of merits-based writ adjudication. Keywords: CWJC, Patna High Court, encroachment removal, P.W.D. Road Construction Department, Collector Nawada, Anchal Adhikari, Title Suit decree, dispossession.

What did the court decide?

Liberty to the petitioner to approach the Collector, Nawada with all documents including the order passed in Title Suit No. 266 of 2016; the Collector to hear the parties, including the Executive Engineer, Road Construction Department, Nawada, with the matter expected to reach its logical conclusion by 30.06.2026. ¶¶26

Why is it important?

Without adjudicating the merits, the Court disposed of the writ petition, permitting the petitioner to approach the Collector, Nawada with all documents including the order passed in Title Suit No. 266 of 2016; the Collector was to hear the parties including the Executive Engineer, Road Construction Department, Nawada, and it was expected the matter would be taken to its logical conclusion by 30.06.2026. ¶¶25

What the court decided

AI extract

Outcome

Liberty to the petitioner to approach the Collector, Nawada with all documents including the order passed in Title Suit No. 266 of 2016; the Collector to hear the parties, including the Executive Engineer, Road Construction Department, Nawada, with the matter expected to reach its logical conclusion by 30.06.2026.

Issue for consideration

Whether a writ should issue directing the respondents to remove the alleged encroachment made by P.W.D. (Road Construction Department), Nawada on the petitioner's land bearing Khata No. 926, plot no. 3318. +1 more

Ratio / Principle

Without adjudicating the merits, the Court disposed of the writ petition, permitting the petitioner to approach the Collector, Nawada with all documents including the order passed in Title Suit No. 266 of 2016; the Collector was to hear the parties including the Executive Engineer, Road Construction Department, Nawada, and it was expected the matter would be taken to its logical conclusion by 30.06.2026.

Detailed headnote1 paragraphs

Usha Devi v. The State of Bihar through Collector, Nawadah — Civil Writ Jurisdiction Case No.21015 of 2025, High Court of Judicature at Patna (Rajiv Roy, J.), order dated 12-01-2026. The petitioner sought writ directions for removal of alleged encroachment by the P.W.D. (Road Construction Department), Nawada, on her land (Khata No. 926, plot no. 3318, area 50 decimal, Village Manakpur, P.S. Warsaliganj, District Nawada), claimed to have been settled by the ex-landlord and decreed in her favour in Title Suit No. 266 of 2016, and for protection of her possession. Learned State counsel submitted that if the petitioner approached the Collector, Nawada, the matter would be considered and appropriate orders passed. Declining to decide the merits, the Court disposed of the petition, allowing the petitioner to approach the Collector, Nawada with all documents including the order in Title Suit No. 266 of 2016; the Collector was to hear all parties, including the Executive Engineer, Road Construction Department, Nawada, with the matter expected to be taken to its logical conclusion by 30.06.2026.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.21015 of 2025

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

Usha Devi Wife of Deepak Kumar @ Deepak Baranwal Resident of VillageWard No.- 9, Warisaliganj, District- Nawada, (Bihar)- 805130.

... ... Petitioner/s

Versus

The State of Bihar through Collector, Nawadah.

The Collector, Nawada.

The Anchal Adhikari, Warisaliganj, P.S.- Warisaliganj, District- Nawada.

The Chief Engineer, P.W.D. (Road Construction Department), at Gaya.

The Executive Engineer, P.W.D. (Road Construction Department), at Nawada.

... ... Respondent/s

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

Appearance : For the Petitioner/s : Mr. Aditya Nath Jha, Advoacate For the Respondent/s : Mr. Government Pleader (10) Mr. Satya Vrat, AC to GP-10

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

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

2 12-01-2026 Heard the parties.

The present petition has been preferred for the following relief(s):

“(i) For issuance of an appropriate writ/ writs, directing the respondents to remove encroachment made by P.W.D. (Road Construction Department) Nawada, upon petitioner's land bearing Khata No. 926 plot no. 3318.

(ii) For issuance of an appropriate writ/ writs, directing the respondents for not disturbing petitioner's possession over the land which has been decided by competent civil court.

(iii) For grant of any other relief / reliefs for which petitioner will be find entitled by the Hon'ble Court.”

The matter relates to plot no. 3318 (area 50 decimal situated in Village-Manakpur, P.S. Warsaliganj, Nawada) which

Patna High Court CWJC No.21015 of 2025(2) dt.12-01-2026 2/2

the petitioner claims to have been settled by the ex-landlord and the same has also gone in his favour in Title Suit No. 266 of 2016. However, the same has been forcefully encroached by the respondent Executive Engineer, Road Construction Department, Nawada.

Learned State counsel submits that if the petitioner approaches the Collector, Nawada (respondent no. 2), it will be taken up for consideration and appropriate order shall be passed.

The writ petition stands disposed of allowing the petitioner to approach the Collector, Nawada alongwith all the documents including the order passed in Title Suit No. 266 of 2016 who shall be hearing the parties including the Executive Engineer, Road Construction Department, Nawada and it is expected that the matter will be taken to its logical conclusion by 30.06.2026.

The writ petition stands disposed of with the aforesaid observation.

(Rajiv Roy, J)

Adnan/-

U

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether a writ should issue directing the respondents to remove the alleged encroachment made by P.W.D. (Road Construction Department), Nawada on the petitioner's land bearing Khata No. 926, plot no. 3318.medium confidence¶¶18
2.
Whether a writ should issue directing the respondents not to disturb the petitioner's possession over land already decided in her favour by the competent civil court.medium confidence¶¶19

Procedural history

How this case reached the court

AI extract

Prior proceeding
Petitioner claims plot no. 3318 was settled on her by the ex-landlord and the matter was decided in her favour by the competent civil court in Title Suit No. 266 of 2016.¶¶23
Prior proceeding
According to the petitioner, the land has since been forcefully encroached upon by the respondent Executive Engineer, Road Construction Department, Nawada.¶¶23

Parties & counsel

AI extract

petitioner
Usha Devi Wife of Deepak Kumar @ Deepak Baranwal¶¶3
Aditya Nath Jha
respondent
The State of Bihar through Collector, Nawadah¶¶6
Government Pleader (10), Satya Vrat
respondent
The Collector, Nawada¶¶7
respondent
The Anchal Adhikari, Warisaliganj¶¶8
respondent
The Chief Engineer, P.W.D. (Road Construction Department), at Gaya¶¶9
respondent
The Executive Engineer, P.W.D. (Road Construction Department), at Nawada¶¶10

Coram

AI extract

Justice Rajiv Royauthor¶¶15

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 12 Jan 2026 · January
Registered: 26 Dec 2025
Case no.: CWJC/21015/2025
CNR: BRHC011308342025
Bench: Rajiv Roy
Disposal: DISPOSED
Case type: CWJC

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Cite this judgement

Usha Devi v. The State of Bihar, CWJC/21015/2025 (PAT), decided on 12 January 2026.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Procedural history2

Petitioner claims plot no. 3318 was settled on her by the ex-landlord and the matter was decided in her favour by the competent civil court in Title Suit No. 266 of 2016.
According to the petitioner, the land has since been forcefully encroached upon by the respondent Executive Engineer, Road Construction Department, Nawada.

View full history

Bench / Coram

Justice Rajiv Roy

Parties & counsel