Akhilesh Chandra Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Akhilesh Chandra Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ application disposed of: petitioner to file a detailed representation before the Circle Officer, Ramgarhwa, East Champaran within two weeks; on such filing the Circle Officer to consider the representation and take appropriate steps in accordance with law within eight weeks.

Issue for consideration

Whether the Circle Officer, Ramgarhwa should be directed (Certiorari/Mandamus) to decide Encroachment Case No.-01 of 2024-25 according to law and remove the alleged illegal encroachment over public land at Mauza-Champapur, Khata No.14, Plot No.5703, blocking the petitioner's ingress and outgress. +1 more

Court's answer

The writ application is disposed of with a direction to the petitioner to file a representation detailing his grievance before the Circle Officer, Ramgarhwa, East Champaran within two weeks from the date of order.

Ratio / Principle

If such representation is filed, the Circle Officer is required to consider it and, if any action is warranted, to take appropriate steps in accordance with law within a period of 8 weeks.

Detailed headnote1 paragraphs

Patna High Court (Vikash Kumar, J.), CWJC No.3763 of 2025, oral order dated 24-07-2026: Akhilesh Chandra sought (i) a Certiorari-type writ commanding the Circle Officer, Ramgarhwa to decide Encroachment Case No.-01 of 2024-25 according to law and remove alleged illegal encroachment over public land at Mauza-Champapur, Khata No.14, Plot No.5703, said to block his ingress/outgress, and (ii) Mandamus for police protection of his life and property against private respondents. Recalling that the District Magistrate cum Second Appellate Authority under the Public Grievance Redressal System had on 09-07-2024 (Letter No.40211-42481) already directed the Circle Officer to decide the case according to law under D.C.L.R monitoring, and that repeated representations (encroachment case no 1/2024-25) had gone unanswered, and noting that learned counsel confined the prayer to consideration of the representation, the court disposed of the application with a direction to the petitioner to file a detailed representation before the Circle Officer, Ramgarhwa within two weeks; on its receipt the Circle Officer was to consider it and take appropriate steps in accordance with law within eight weeks. No case precedent or statutory section was cited; no costs or quantum awarded.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3763 of 2025

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Akhilesh Chandra Son of Late Kapileshwar Prasad Chandra, Resident of Village- Champapur, P.S.-Ramgarhwa, District- East Champaran (Bihar).

... ... Petitioner/s

Versus

1. The State of Bihar through the Additional Chief Secretary. Department of Revenue and Land Reform, Govt. of Bihar, Patna.

The Distric Magistrate, East Champaran at Motihari.

The Sub-Divisional Officer, Raxaul, East Champaran.

The D.C.L.R, Raxaul, East Champaran.

The Circle Officer, Ramgarhwa, East Champaran.

Subhash Prasad, Son of Late Baidyanath Prasad Resident of VillageChampapur, P.S.-Ramgarhwa, District- East Champaran (Bihar).

Brij Kishor Prasad, Son of Late Baidyanath Prasad Resident of VillageChampapur, P.S.-Ramgarhwa, District- East Champaran (Bihar).

Sonu Kumar, S/o- Subhash Prasad Resident of Village- Champapur, P.S.Ramgarhwa, District- East Champaran (Bihar).

Monu Kumar, S/o- Subhash Prasad Resident of Village- Champapur, P.S.Ramgarhwa, District- East Champaran (Bihar).

... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Tejendra Sinha, Advocate For the State : Mr. N.P. Yadav, SC- 23 ======================================================

CORAM: HONOURABLE MR. JUSTICE VIKASH KUMAR ORAL ORDER

2 24-07-2026 Heard Shri Tejendra Sinha, learned counsel for the

petitioner and Shri N.P. Yadav, learned SC-23 for the State.

The petitioner in the present writ application has

prayed for the following reliefs:-

(i) For issuance of an appropriate Writ/Writs in the nature of Certiorari commanding and directing upon the respondent, Circle Officer, Ramgarhwa (East Champaran to decide the Encroachment Case No.-01 of 202425 according to Law and remove the illegal encroachment over the public land

Patna High Court CWJC No.3763 of 2025(2) dt.24-07-2026 2/3

situated at Mauza-Champapur Khata No14, plot No.5703, interest as the ingress and outgress of the petitioners blocked by the encroachers respondent No.6 to 9.

(ii) For issuance of an appropriate Writ/Writs in the nature of Mandamus for a direction to the respondent Police Officer, Ramgarhwa to protect the life and property of the petitioner which has been objected by the private respondents illegally.

The District Magistrate Cum Second Appellate Authority under Public Grievance Redressal System, East Champaran on 09-07-2024 in letter No.40211-42481 directed to the Circle Officer, Ramgarhwa to decide the Encroachment case according to law and do needful which will be monitored by the D.C.L.R, but even then the Circle Officer has not decided the encroachment case.

It is stated at bar that the petitioner has filed several

representation for removal of the encroachment being encroachment case no 1/2024-25 but till date no action has been taken by the respondent authorities. At this juncture, the learned counsel confines his prayer for consideration of his representation.

Accordingly, the present writ application is disposed of with direction to petitioner to file representation detailing his grievance before the Circle Officer, Ramgarhwa, East Champaran within a period of two weeks from the date of order. If such representation is filed, then Circle officer is required to consider his representation and if any action is

Patna High Court CWJC No.3763 of 2025(2) dt.24-07-2026 3/3

accentuated then to take appropriate steps in accordance with law within a period of 8 weeks.

(Vikash Kumar, J)

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