PATNA, India, Nov. 24 -- Patna High Court issued the following judgment on Nov. 1:

Heard learned counsel for the parties.

2. Following reliefs are sought for in the present writ petition:

"i. For issuance of writ/writs, order/orders, direction/directions in the nature of mandamus by way of Public Interest Litigation whereby and whereunder the petitioner is the local and social worker and prayer for addressing the issue related to the structure of illegal encroachment of Gair Mazarua Aam Land (Anabad Bihar Sarkar) the aforesaid land under Mouza Kanp Thana no. 136, Khata no. 2559, Kheshra/Plot no, 8640, 8641, 8637, 8639, 8647 Total Rakwa 7 acre land Gair Mazarua Aam land has been encroached by the private respondents no. 07 to 53 in which the aforesaid land which was donated by RajMata of the Sonbarsa State under Anchal-Saur Bazar, District- Saharsa out of whom in Plot/Kheshra no. 8646 Shiv Mahade Temple (Baba Kapeshwar Nath Dham Mandir) area 3 dismal which is situated for Puja Paadh, and remaining 5 acre land there was a pond (pokhar) and over the said Mayor (Mahaar) of the pond the private respondents are forcibly encroached the Gair Mazarua Aam Land belonging to Shiv Temple Kanp.

ii. For Further, the petitioner being the local and social worker has appointed by a large number of village in its Aam Sabha Meeting which was held in the village on dated 25.05.2025, in which the general people of under Gram Panchayat Kanp they have recommended the name of the petitioner as a petitioner for making proper pairvi by way of Public Interest Litigation before the Hon'ble High Court, Patna for removal of illegal encroachment over the said land

iii. For further, the petitioner along with the large number of villagers including the Mukhiya, Sarpanch, Ward Members as well as the other villagers they have held its meeting and taken a decision for demarcation of Gair Mazarua Aam Land for removal of illegal encroachment and accordingly, the petitioner along with the villagers they have already filed their application on 03.11.2023 before the Circle Officer, Saur Bazar, District- Saharsa and praying for demarcated the aforementioned Gair Mazarua Aam Land through Anchal Ameen and further praying for removal of illegal encroachment over the Gair Mazarua Aam Land.

iv. For further, the petitioner along with the villagers have also filed by way of the representation before the Circle Officer on dated 03.11.2023 and remainder dated 03.04.2025 before the Circle Officer, Saur Bazar, District- Saharsa and also the petitioner has submitted his representation on dated 16.04.2025 before the S.D.O. District-Saharsa and also submitted his representation dated 16.04.2025 before the District Magistrate cum Collector, Saharsa by which a large of villagers they have filed an application by way of the representation praying for removal of illegal encroachment over the said land but till today no action has been taken in this regard.

v. For further, prayed for any other relief/reliefs, order/orders, direction/directions, may deem fit and proper in the facts and circumstances of this case."

3. It has been submitted on behalf of the petitioner that on a public land, encroachment has been made by the private parties.

4. In view of the aforesaid, the petitioner is directed to make an appropriate application before the Respondent No. 5 under the provisions of the Bihar Public Land Encroachment Act, 1956, who shall consider and pass an appropriate order under Section 6 of the Act, preferably within a period of nine months from the date of filing of such representation, after giving opportunity of hearing to all the parties,

5. With the aforesaid observations and directions, the present writ petition stands disposed of.

Disclaimer: Curated by HT Syndication.