Disposed¶32

Virendra Shukla v. The State of Bihar

Patna HC25 Jun 2026CWJC/44/2026

Case brief

AI extract

What is this about?

Encroachment on public land; removal of encroachment; raiyati land Khata No. 70, Khesara No. 448, Village Ghordiha, Circle Kargahar, District Rohtas; Section 3 Bihar Public Land Encroachment Act, 1956; Circle Officer Kargahar; notice to all concerned; three-month deadline to make land encroachment-free; Annexure P/2 and P/3; writ petition disposed of with directions; mandamus-type writ; Patna High Court.

What did the court decide?

Writ petition disposed of with directions: the Circle Officer, Kargahar, Rohtas to initiate proceeding under Section 3 of the Bihar Public Land Encroachment Act, 1956, give notice to all concerned, adjudicate the issues, and if the land is found to be public land encroached by private persons, make it encroachment-free within three months from initiation of the proceeding. ¶32

Virendra Shukla Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶32

Issue for consideration

Whether the respondents should be commanded to show cause why encroachment has not been removed from public land situated in front of the petitioner's raiyati land (Khata No. 70, Khesara No. 448, Village Ghordiha, Circle Kargahar, District Rohtas), and whether a proceeding should be initiated under the Bihar Public Land Encroachment Act, 1956 to have the land made encroachment-free.

¶26

Court's answer

The Court directed the Circle Officer, Kargahar, Rohtas to initiate the appropriate proceeding under Section 3 of the Bihar Public Land Encroachment Act, 1956 in light of Annexures P/2 and P/3, and after giving notice to all concerned, to pass necessary orders adjudicating the issues in question.

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Ratio / Principle

If it is found that the land in question is public land and has been encroached upon by private persons, the same shall be made encroachment-free within three months from initiation of the proceeding under Section 3 of the Bihar Public Land Encroachment Act, 1956.

¶31

Detailed headnote1 paragraphs

Patna High Court (Ajit Kumar, J.), by oral order dated 25-06-2026, disposed of Civil Writ Jurisdiction Case No. 44 of 2026 filed by Virendra Shukla seeking removal of encroachment from public land situated in front of his raiyati land (Khata No. 70, Khesara No. 448, Village Ghordiha, Circle Kargahar, District Rohtas). Acting in light of Annexures P/2 and P/3, the Court directed the Circle Officer, Kargahar, Rohtas to initiate the appropriate proceeding under Section 3 of the Bihar Public Land Encroachment Act, 1956, serve notice on all concerned and adjudicate the issues; and if the land is found to be public land encroached upon by private persons, to make it encroachment-free within three months from initiation of such proceeding.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.44 of 2026

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Virendra Shukla Son of Late Ram Vilash Shukla, Resident of VillageGhordiha, P.S.-Kargahar, District-Rohtas. ... ... Petitioner/s

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Versus

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The State of Bihar through District Magistrate cum Collector, Rohtas at Sasaram.

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The District Magistrate cum Collector, Rohtas at Sasaram.

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The Sub-Divisional Officer, Sasaram, District-Rohtas.

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The Circle Officer, Kargahar, District-Rohtas.

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Subhag Ram, Son of Late Mohar Ram, Resident of Village-Ghordiha, P.S.Kargahar, District-Rohtas.

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Virendra Ram, Son of Late Mohar Ram, Resident of Village-Ghordiha, P.S.Kargahar, District-Rohtas.

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Satyendra Ram, Son of Late Mohar Ram, Resident of Village-Ghordiha, P.S.-Kargahar, District-Rohtas.

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Parikha Ram, Son of Late Basudev Ram, Resident of Village-Ghordiha, P.S.Kargahar, District-Rohtas.

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Jawahar Ram, Son of Late Ghurfekan Ram, Resident of Village-Ghordiha, P.S.-Kargahar, District-Rohtas.

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Ajay Ram, Son of Late Binod Ram, Resident of Village-Ghordiha, P.S.Kargahar, District-Rohtas.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr.Rajesh Kumar Mishra, Adv. For the Respondent/s : Standing Counsel (9)

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CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER

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2 25-06-2026

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Heard learned counsel for the petitioner and learned

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counsel for the Respondent-State.

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The instant writ application has been filed for the

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following relief(s):-

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“(i) 1. That this application is being filed for issuance of an appropriate writ(s), rule(s), order(s), direction(s), commanding upon the respondents to show cause as to why the encroachment has not been removed from the public land situated

¶27

Patna High Court CWJC No.44 of 2026(2) dt.25-06-2026 2/2

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in front of the Raiyati land of the petitioner i.e. Khata No. 70, Khesara No. 448 villageGhordiha, Circle Kargahar, District- Rohtas

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And/Or

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Pass such any other order/orders which may found fit in the facts and circumstances of the case.”

¶31

In light of Annexure P/2 and P/3, the Circle Officer, Kargahar, Rohtas will initiate the appropriate proceeding under Section 3 of the Bihar Public Land Encroachment Act, 1956 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 three months from initiation of proceeding under Section 3 of the Bihar Public Land Encroachment Act, 1956

¶32

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

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(Ajit Kumar, J)

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perwez

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Virendra Shukla v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Virendra Shukla v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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