Patna High Court
CWJC/16199/2016 of Jawahar Chaudhary Vs The State Of Bihar and Ors on 18 August 2026
COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16199 of 2016 ====================================================== Jawahar Chaudhary ... ... Petitioner/s Versus The State Of Bihar and Ors ... ... Respondent/s ====================================================== Appearance : For
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16199 of 2016
======================================================
Jawahar Chaudhary
... ... Petitioner/s
Versus
The State Of Bihar and Ors
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Anirudh Kumar Verma, Adv.
For the Respondent/s
:
Mr. Saurabh Kumar, AC to SC 19
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJ KUMAR
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ORAL ORDER
18-08-2026 Heard learned counsel for the petitioner as well as learned counsel appearing on behalf of the State.
2. The writ application has been preferred by the petitioner directing the Respondent Authorities to remove the encroachment over the land in question recorded as Gairmajarua land which has been used as rasta by the Private Respondent No. 5, who is claiming to acquire the land through Parcha.
3. Learned counsel for the petitioner has submitted that despite an application having been given before the concerned authorities, no steps have been taken by them till date and therefore prays that this representation before the concerned authorities may be disposed of. Learned counsel has also given representation before the authorities as it appears from supplementary counter-affidavit.
Patna High Court CWJC No.16199 of 2016(6) dt.18-08-2026
4. Learned counsel for the State has fairly stated that this matter cannot be adjudicated before this Court and it is desirable that application/Representation of the petitioner be taken into consideration by the concerned authority and appropriate order be passed.
5. Taking into consideration the entire facts and circumstances of the case, let petitioner make a fresh representation before the Circle Officer/Respondent No. 4 at Aurangabad within a period of four weeks from today. The Circle Officer/Respondent No. 4 will proceed to decide the representation of the petitioner after hearing the concerned parties and in accordance with law.
6. The Circle Officer/Respondent No. 4 shall take into consideration an order passed by this Court in CWJC No. 526/2015 and also paragraphs 26 to 30 of the order should be considered by the Circle Officer/Respondent No. 4 while deciding the grievances of the petitioner. It is made clear that the Bihar Public Land Encroachment proceeding shall only be initiated if it is found that the land in question is a public land. During the course of hearing if it is found that land in question upon which the petitioner are alleging encroachment is covered or settled in favour of any party and the party in question has a Patna High Court CWJC No.16199 of 2016(6) dt.18-08-2026
valid title over the same, then, in that context the Bihar Public Land Encroachment shall not be applicable. Any complex issue of title shall lead to exclusion of Bihar Public Land Encroachment proceeding and Circle Officer/Respondent No. 4 should comply in terms of the directions/guidelines issued in CWJC No. 526/2015.
7. All these issues shall be considered by the Circle Officer/ Respondent No. 4 Aurangabad while disposing of the application of the petitioner. It should be done preferably within a period of three months after hearing all the parties and in accordance with Law.
8. Application is disposed of in terms of the observation made aforesaid.
ashutosh/- (Raj Kumar, J) U