Ram Naresh Prasad Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Ram Naresh Prasad Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ application disposed of with directions to Respondent No. 5, the Circle Officer, Uchkagaon, District-Gopalganj, to expedite and conclude the pending encroachment proceedings (Encroachment Case No. 02 of 2025-26) within four months, with accommodation only in exceptional cases, and to submit a progress report to the Court after four months.

Issue for consideration

Whether a writ in the nature of mandamus should issue commanding the respondents to remove the alleged illegal encroachment by Respondent Nos. 6 to 8 over the public road situated at village Gurmha, Thana No. 832, Khata No. 118, District Gopalganj. +1 more

Ratio / Principle

This Court directed Respondent No. 5, the Circle Officer, Uchkagaon, District-Gopalganj, to expedite the pending encroachment proceedings and conclude them within four months; during that period any accommodation was to be made only in exceptional cases by the respondent concerned.

Key takeaways

A report regarding the progress of the encroachment proceedings shall be sent to this Court after four months and placed before the Court by the office.ratio¶24

Detailed headnote1 paragraphs

High Court of Judicature at Patna, oral order dated 10-07-2026 by the Hon'ble Mr. Justice Ranjan Kumar Jha in Civil Writ Jurisdiction Case No. 859 of 2025 (Ram Naresh Prasad v. State of Bihar and others). The petitioner sought a writ in the nature of mandamus commanding removal of alleged illegal encroachment by Respondent Nos. 6 to 8 (Arjun Bind, Raj Kishore Bind and Narad Sah) over a public road at village Gurmha, Thana No. 832, Khata No. 118, District Gopalganj. In response, the respondents pointed out that encroachment proceedings were already pending as Encroachment Case No. 02 of 2025-26 before the Circle Officer, Uchkagaon, with notices already issued and a preliminary enquiry having found encroachment upon the land, including the petitioners. The Court directed the Circle Officer (Respondent No. 5) to expedite and conclude the proceedings within four months, making any accommodation only in exceptional cases during that period, and ordered that a progress report be sent to the Court after four months and placed before it by the office. The writ application was accordingly disposed of.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No. 859 of 2025

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

Ram Naresh Prasad, son of Late Durga Sah, resident of village- Gurmha, P.SUchka Gaon, Dist-Gopalganj.

... ... Petitioner/s

Versus

The State of Bihar through Addl. Chief Secretary, Revenue and Land Reform Deptt., Govt. of Bihar, Patna.

The Director, Revenue and Land Reforms Deptt., Govt. of Bihar, Patna.

The District Magistrate, Gopalganj.

The Sub Divisional officer, Hathua, Dist- Gopalganj.

The Circle Officer, Uchkagaon, Dist- Gopalganj.

Arjun Bind, son of Late Gopal Bind resident of village Gurmha, P.S.- Uchka Gaon, Distt- Gopalganj.

Raj Kishore Bind son of Late Hari Bind resident of village Gurmha, P.S.Uchka Gaon, Distt- Gopalganj.

Narad Sah son of Jugeshwar Sah resident of village Gurmha, P.S.- Uchka Gaon, Distt- Gopalganj.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr.Binod Kumar Sinha, Advocate For the Respondent/s : Mr.Standing Counsel (12) Mr. Kamlesh Kishore, AC to SC-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RANJAN KUMAR JHA ORAL ORDER

2 10-07-2026 Heard learned counsel for the parties.

“(i) That this writ application is being filed for issuance of writ in the nature of Mandamus Commanding the Respondents to remove illegal encroachment from the Public Road situated at village- Gurmha Thana No. 832, Khata No. 118 Area 1.5 Dec DistGopalganj encroached by Respondent No. 6 to 8 and any other appropriate writ order save and except in accordance with law.”

Patna High Court CWJC No. 859 of 2025(2) dt.10-07-2026 2/2

In the course of arguments, learned counsel for the respondents drew the attention of this Court to the fact that encroachment proceedings are already pending vide Encroachment Case No. 02 of 2025-26 before the Circle Officer, Uchkagaon, District-Gopalganj. It was further submitted that notices have already been issued to the encroachers who, in the preliminary enquiry, were found to have encroached upon the land, including the petitioners.

In this background, this Court directs Respondent No. 5, the Circle Officer, Uchkagaon, District- Gopalganj, to expedite the proceedings and conclude the same within four months. During this period, only in exceptional cases any accommodation shall be made by the respondent concerned.

A report regarding the progress of the encroachment proceedings shall be sent to this Court after four months, and the same shall be placed before this Court by the office.

Accordingly, this writ application stands disposed

of.

(Ranjan Kumar Jha, J)

veena/rashmi-

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