Circle Officer, Saur Bazar Anchal, Saharsa directed to pass order under Bihar Public Land Encroachment Act within nine months: Acting Chief Justice Sudhir Singh

In Ashutosh Kumar vs. The State of Bihar through the Principal Secretary, Land Reforms Department, Government of Bihar, Saharsa & Ors. (2025), Patna High Court's Division Bench of Acting Chief Justice Sudhir Singh and Justice Rajesh Kumar Verma delivered a 5-page long judgement dated November 1, 2025, wherein, it concluded:"....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." 

There were 52 other respondents who were residents of village-Kanp (West) Ward No. 10, P.S.-Saur Bazar, Saharsa. Respondent No. 5 is the Circle Officer, Saur Bazar Anchal, Saharsa. Acting Chief Justice Sudhir Singh authored this fifth judgement. 

The petitioner had prayed 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. He had also prayed for removal of illegal encroachment over the land. It was submitted on behalf of the petitioner that on a public land, encroachment was made by the private parties.