Patna High Court
Anjani DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- AJIT KUMAR
Holding
The notice dated 27 June 2025 is vague and arbitrary and is therefore quashed, with a direction to issue a fresh notice under the Bihar Public Land Encroachment Act, 1956.
Summary
Petitioners Anjani Devi and Ram Chandra Singh filed a writ petition challenging a 2012 order of the Deputy Collector, a 2015 appellate order, and a notice dated 27 June 2025 issued for land measurement. They contended that the notice was vague, failing to specify the plot number or details of the land to be measured, and sought its quashal along with other reliefs. The Court examined the notice and held it to be arbitrary and insufficiently detailed, thereby invalidating it. The Court directed the Circle Officer to issue a fresh, proper notice within two weeks in accordance with the Bihar Public Land Encroachment Act, 1956. The writ petition was disposed with these observations and directions.
Issues considered
- Whether the notice dated 27 June 2025 issued for measurement of land is valid and complies with statutory requirements
- Whether the orders of the Deputy Collector (11 August 2012) and the Divisional Commissioner (19 December 2015) should be set aside
Legislation cited
Subjects
- writ petition
- land reform
- notice validity
- vagueness
- Bihar Public Land Encroachment Act
- encroachment
- measurement notice
- land dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11603 of 2025
======================================================
1. Anjani Devi Wife of Ram Chandra Singh resident of Village- Hardiya, Po-
lice Station- Dandari, District- Begusarai.
2. Ram Chandra Singh Son of Late Musaheb Singh resident of Village-
Hardiya, Police Station- Dandari, District- Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary. Department of Revenue
and Land Reforms, Govt. of Bihar, Patna.
2. The Principal Secretary, Revenue and Land Reforms, Govt. of Bihar, Patna.
3. The Divisional Commissioner, Munger.
4. The District Magistrate, Begusarai.
5. The Deputy Collector, Land Reforms Balia, P.S- Balia, District- Begusarai.
6. The Circle Officer, Dandari, Police Station- Dandari, District- Begusarai
7. Ashok Kumar Singh Son of Anirudh Singh, Resident of Village- Hardiya,
Police Station- Dandari, District- Begusarai.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jagdish Prasad Singh
For the Respondent/s : Government Pleader (27)
Mr. Murlidhar Mishra
Mr. Vinit Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 15-06-2026 Heard learned counsel for the petitioners and
learned counsel for the State.
2. The instant writ application has been filed for the
following reliefs:-
(i) For setting aside of order dated
11.08.2012 passed in Case No.30/2010 (Anirudh
Singh vs. Anjani Devi and Others) by the learned
Deputy Collector, Land Reforms, Balia, whereby
and whereunder the case has been allowed
erroneously and directed the petitioners to vacate
Patna High Court CWJC No.11603 of 2025(2) dt.15-06-2026
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Khesra No.639 within a fortnight, failing which
possession of petitioners be removed from Plot
No.639 of Menpatol by using force and Magistrate.
(ii) For setting aside the order dated
19.12.2015 passed in L.D. Appeal No.227 of 2012
whereby and whereunder Appeal filed by the
petitioners against the order dated 11.08.2012 in
Case No.30 of 2010 has been rejected and order of
learned Deputy Collector, Land Reforms, Balia has
been affirmed erroneously.
(iii) An appropriate writ or direction be
issued declaring that remaining part of Plot
No.639 of Mehpatol is road which cannot be
stopped on instance of private respondents.
(iv) During pendency of the writ petition
effect of order dated 11.08.2012 in Case No.30/10
(Anirudh Singh vs. Smt. Anjani Devi and Others)
by the learned Deputy Collector, Land Reforms,
Balia and order dated 19.12.2015 in L.D. Appeal
No.227 of 2012 by Divisional Commissioner,
Munger be stayed.
(v). Any other relief to which the
Petitioner may be found entitled in the facts and
circumstances of the case.
3. Learned counsel for the petitioner submits that the
petitioners were served with notices dated 27.06.2025 issued by
respondent no.6 directing them to appear on 03.07.2025 in
connection with Measurement Case No.22/2025-26 and
Measurement Case No.23/2025-26. Referring to paragraph 27
of the writ petition and paragraph 31 of the counter affidavit, he
submits that the specific plea of the petitioners that the notice is
vague has not been denied by the respondents. It is further
Patna High Court CWJC No.11603 of 2025(2) dt.15-06-2026
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submitted that the impugned notice is wholly vague and
arbitrary in nature as it neither discloses the plot number nor
furnishes the particulars of the land proposed to be measured.
4. In view of the reliefs sought by the petitioners, the
notices dated 27.06.2025 in connection with Measurement Case
No.22/2025-26 and Measurement Case No.23/2025-26 issued
by the Circle Officer, Dandari, Begusarai is quashed. The Circle
Officer, Dandari, Begusarai is directed to issue fresh notices to
the petitioners within two weeks, in accordance with the
provisions of the Bihar Public Land Encroachment Act, 1956.
5. Accordingly, the writ application stands disposed
with the aforesaid observations and directions.
(Ajit Kumar, J)
shikha/-
U
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