Fulena Sharma Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.607 of 2026

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Fulena Sharma Son of Sri Kawleshar Sharma @ Kamleshwar Badhai, Resident of Village- Sudamanagar, Anchal- Bairiya, P.S.- Bairiya, DistrictWest Champaran.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Secretary, Revenue and Land Reforms Department, Bihar, Patna.

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The District Collector, West Champaran at Bettiah.

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The Anchaladhikari, Anchal- Bairiya, District- West Champaran.

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Nandkishore Sah, Son of Late Ramchandra Sah Resident of VillageSudamanagar, Anchal and P.S.- Bairiya, District- West Champaran.

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Surendra Singh, Son of Late Ramdeo Singh Resident of VillageSudamanagar, Anchal and P.S.- Bairiya, District- West Champaran.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr.Sharad Kumar Verma, Advocate For the Respondent/s : Mr.Standing Counsel (04)

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CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR

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ORAL ORDER

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2 09-07-2026

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Heard learned counsel for the petitioner and learned

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counsel for the State.

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The writ petition has been filed for the following

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reliefs :-

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That the petitioner prefers the present writ petition for issuance of an appropriate writ, order or direction, particularly in the nature of mandamus, directing respondent nos. 2 and 3 to remove the encroachment made by private respondent nos. 4 and 5 by constructing hutments etc., 'nad' 'khunta' and planting trees on 2 acres 80 decimals of land under Mauza- Fatuchhapar, thana No. 154, khata no. 196, khesara no. 1521/1 and 1521/2 respectively, mentioned in the R. S.

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Patna High Court CWJC No.607 of 2026(2) dt.09-07-2026 2/3

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Khatiyan as gairmajarua malik "Parti Kadim', in respect of which on application of the petitioner, measurement of the land was conducted by the Anchal Amin, on the basis of measurement report submitted by him, Encroachment Case No.03/202526 was also initiated by the Anchaladhikari, Bairiya Anchal, and notices u/s 3 of the Bihar Public Land Encroachment Act, 1956, were issued to the respondent nos. 4 and 5, but after initiation of the Encroachment Case, no further action is being taken for removal of the said encroachment.

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Learned counsel for the petitioner submits that on the repeated applications made by the petitioner, Encroachment Case No. 03/2025-2026 was registered under Bihar Public Land Encroachment Act, 1956 (hereinafter referred to the ‘Act of 1956’) and notices under Section 3 of the Act of 1956 have also been issued but, till date, for unexplained reason, the further proceedings have not been concluded by passing final order in the aforementioned Encroachment Case.

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On the other hand, learned counsel for the State submits that proceedings have already been initiated on the basis of application filed by the petitioner and the authorities may be directed to conclude the same as notices, to all concerned under Section 3 of the Bihar Public Land Encroachment Act, 1956, have already been issued.

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Considering the submission of the parties, this Court finds it appropriate to direct the District Collector, West

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Patna High Court CWJC No.607 of 2026(2) dt.09-07-2026 3/3

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Champaran at Bettiah to issue necessary direction upon the concerned authorities for initiating appropriate proceeding under Section 3 of the Bihar Public Land Encroachment Act, 1956 that notices shall be issued and after giving hearing to all concerned, necessary orders, in reference to the Revenue records, shall be passed, adjudicating the issues raised by the petitioner, and to take a final decision in the matter and in case, the land in question is found to be a public land under encroachment, the same shall be made encroachment free within a period of three months.

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Accordingly, the writ petition stands disposed of.

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(Ajit Kumar, J)

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surya/-

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U

Fulena Sharma v. The State of Bihar

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Fulena Sharma v. The State of Bihar

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