Patna High Court
Baijanath SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court held that the notices were vague and therefore set aside the impugned orders, directing issuance of fresh, detailed notices.
Summary
The petitioner, Baijanath Singh, challenged two notices (Memo No.3231 dated 30‑12‑2025 and Memo No.314 dated 04‑02‑2025) issued by the Circle Officer, Piro, in an encroachment proceeding, alleging that the notices were vague and did not specify the public land allegedly encroached. The State of Bihar contended that the notices were proper and sought to file a counter‑affidavit. The High Court examined the content of the notices and found them deficient for lacking details of the land in question, rendering them ineffective as a pre‑condition for any coercive action. Consequently, the Court set aside the impugned notices and ordered the Circle Officer to issue fresh, detailed notices specifying the public land alleged to be encroached. The petitioner was directed to respond to the new notice, after which a final order must be recorded within three months. The writ petition was thereafter disposed of.
Issues considered
- Whether the notices issued under Memo No.3231 (30‑12‑2025) and Memo No.314 (04‑02‑2025) in the encroachment case are valid despite being vague and lacking specific land details.
Subjects
- encroachment
- notice
- vagueness
- administrative law
- public land
- Bihar
- writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1026 of 2025
======================================================
Baijanath Singh S/o Late Jayanarayan Singh, R/o village and P.O.- Rasauli,
P.S. and Circle- Piro, District - Bhojpur (Bihar), Pin Code- 802207.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Principal Secretary, Department of Revenue and Land Reforms, Govt.
of Bihar, Patna.
3. The District Magistrate-cum-2nd Appellate Authority, Pubilc Grievance
Redressal, Bhojpur.
4. The Sub-Divisional Officer, Piro (Bhojpur).
5. The Circle Officer, Piro (Bhojpur.)
6. Amit Kumar Singh, S/o Sri Anant Singh, R/o village- Rasauli, P.O. - Nonar,
P.S. and Circle - Piro, District - Bhojpur (Bihar), Pin Code- 802207.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Ms. Anju Mishra,
Dr. Chandra Shekhar Azad, Advocates.
For the Respondent/s : Standing Counsel (26)
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 15-04-2026 Heard the parties.
2. The Interlocutory Application has been filed
challenging the notice issued to the petitioner bearing Memo
No.3231 dated 30.12.2025 together with Memo No. 314 dated
04.02.2025 issued under the signature of Circle Officer, Piro,
Bhojpur in Encroachment Case No. 01/2024-25.
3. It has next been submitted that the notices which
have been issued to the petitioner in Encroachment Case No.
01/2024-25, does not indicate any details of the land, which is
said to have been encroached by the petitioner and the notices
Patna High Court CWJC No.1026 of 2025(3) dt.15-04-2026
2/3
issued to this petitioner is vague, rather it could be said to be
merely an eye-wash, which the authorities have undertaken
before taking any coercive steps and the same needs to be
interfered with by this Court.
4. On the other hand, learned counsel for the State, at
this Stage, submits that he would be taking instruction in this
case.
5. For the reasons stated in the Interlocutory
Application No. 01 of 2026, the same is allowed and the
challenge which is being made by this petitioner with respect to
seeking quashing of Memo No.3231 dated 30.12.2025 along
with Memo No. 314 dated 04.02.2025 issued under the
signature of Circle Officer, Piro, Bhojpur in Encroachment Case
No. 01/2024-25, is being taken up together by this Court for
consideration.
6. Considering the submissions of the parties and
upon perusal of the notices, which are under challenge, this
Court is satisfied that the notices are vague and the prayer made
by the learned counsel for the State for filing counter affidavit is
rejected and the orders impugned are set aside by directing the
Circle Officer, Piro, Bhojpur to issue fresh notice giving the
details of the public land, which according to the authorities are
Patna High Court CWJC No.1026 of 2025(3) dt.15-04-2026
3/3
under encroachment by this petitioner or any encroachers, and
on issuance of such notices, appropriate response shall be filed
and after seeking the response, a final order shall be recorded
and the same shall be communicated to the petitioner within a
period of three months.
7. Accordingly, writ petition is disposed of.
(Ajit Kumar, J)
perwez
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