Patna High Court
Ajay KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The High Court held that the petitioners must pursue the statutory appeal before the District Magistrate under Section 11 of the Bihar Public Land Encroachment Act, 1956, and therefore the writ petition is disposed.
Summary
The petitioners, five individuals claiming ancestral ownership of land recorded in a Jamabandi since 1969‑70, challenged an order dated 10‑09‑2025 issued by the Circle Officer, Sarmera, which declared them encroachers under the Bihar Public Land Encroachment Act, 1956 and directed demolition of structures on the disputed plot. They sought a writ of certiorari, a stay of the order, and a status‑quo direction pending the writ. The State argued that the Act provides a specific appeal mechanism under Section 11, and the petitioners should first approach the District Magistrate. The High Court examined whether it could entertain the writ or must defer to the statutory appeal route. It directed the petitioners to file an appeal before the District Magistrate within two weeks and ordered a status‑quo until the appellate authority decides. Consequently, the writ petition was disposed of.
Issues considered
- Whether the High Court can entertain the writ petition challenging the Circle Officer's encroachment order or must defer to the statutory appeal under Section 11 of the Bihar Public Land Encroachment Act, 1956.
- Whether the Circle Officer's order declaring the petitioners as encroachers is jurisdictionally valid in view of the existing Jamabandi.
Legislation cited
- Bihar Public Land Encroachment Act, 1956 — s. 11, 3, 6(1)
Subjects
- encroachment
- public land
- certiorari
- jurisdiction
- appeal
- status quo
- land revenue
- Jamabandi
- Bihar Public Land Encroachment Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1165 of 2026
======================================================
1. Ajay Kumar Son of Rajendra Prasad, Resident of- Gopalbad, Dhanwan,
Post- Gopalbad, P.S.- Sarmera, District- Nalanda.
2. Arvind Prasad @ Arvind Kumar Singh, Son of Late Shiv Dayal Prasad,
Resident of- Gopalbad, Dhanwan, Post- Gopalbad, P.S.- Sarmera, District-
Nalanda.
3. Achyut Nandan Prasad, Son of Late Nandlal Prasad, Resident of- Gopalbad,
Dhanwan, Post- Gopalbad, P.S.- Sarmera, District- Nalanda.
4. Indrajit Prasad, Son of Late Jagdish Prasad, Resident of- Gopalbad,
Dhanwan, Post- Gopalbad, P.S.- Sarmera, District- Nalanda.
5. Ajit Kumar @ Ranjit Prasad, Son of Late Gazo Prasad @ Gazo Mahto,
Resident of- Gopalbad, Dhanwan, Post- Gopalbad, P.S.- Sarmera, District-
Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Revenue and Land Reforms,
Patna, Bihar.
2. The Collector Cum District Magistrate, Nalanda.
3. The Additional Collector, Nalanda.
4. The Deputy Collector, Land Reforms, Nalanda.
5. The Circle Officer, Sarmera, District- Nalanda.
6. Ajay Kumar, Son of Arun Kumar Sinha, Resident of Gopalbad, Dhanwan,
Post- Gopalbad, P.S.- Sarmera, District- Nalanda.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjan Kumar Dubey
Mr.Sheshadri Kumari
Mr.Kumar Gaurav
Mr.Shashank Kashyap
For the State : Mr.Prashant Kumar, Ac to Sc5
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 13-03-2026 This case was mentioned today itself by the counsel
for the petitioners that the Circle Officer, Sarmera, Nalanda, has
passed an order holding these petitioners to be encroachers
ignoring the rights, which are protected under law in favour of
these petitioners and intends to proceed with the demolition, and
therefore, on the urgent mentioning made by the counsel for the
Patna High Court CWJC No.1165 of 2026(2) dt.13-03-2026
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petitioners, this case has been notified, and on notification, this
case is being heard.
2. In the instant petition, petitioners have prayed for
the following relief(s):-
“ (a) For issuance of a writ in the
nature of Certiorari, or any other appropriate
writ, order, or direction, quashing and setting
aside the impugned order dated 10.09.2025
passed by Respondent No. 5, namely the Circle
Officer, Sarmera, in Encroachment Case No.
02/2025-26, whereby the said Circle Officer
has erroneously held the Petitioners to be
encroachers upon the alleged land in question
and has further directed removal of the alleged
encroachment from the land comprised of: (i)
Khata No. 485, Khesra No. 2849, measuring
225 sq. feet, pertaining to Petitioner No. 1; (ii)
Khata No. 485, Khesra No. 2849, measuring
950 sq. feet, pertaining to Petitioner No. 2;(iii)
Khata No. 485, Khesra No. 2849, measuring
225 sq. feetpertaining to Petitioner No. 3;(iii)
Khata No. 485, Khesra No. 2849, measuring
575 sq. feet pertaining to Petitioner No. 4; and
(iii) Khata No. 485, Khesra No. 2849,
measuring 480 sq. feet pertaining to Petitioner
No. 5; situate at Mauza-Kenar, Thana No. 70,
within Circle Office Sarmera, District
Nalanda.
(b) For the issuance of an
appropriate writ, order, or direction, staying
the operation and implementation of the
impugned order dated 10.09.2025, passed by
the Respondent No. 5 (Circle Officer, Sarmera,
Nalanda) in Case No. 02/2025-26, during the
pendency of the present writ application.
(c) For commanding the respondents
to maintain status quo over the land in
question till final disposal of the writ petition.
(d) For any other writ/writs for
which petitioner may deem entitled to.”
Patna High Court CWJC No.1165 of 2026(2) dt.13-03-2026
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3. Counsel for the petitioner submits that ignoring the
fact that the Jamabandi was created since 1969-1970 in favour
of the ancestors of these petitioners, the Circle Officer, Sarmera,
has issued notice under Section-3 in Form-I under Bihar Public
Land Encroachment Act, 1956 and final order under Section
6(1) of the Act, 1956 has been issued, and they propose to
proceed for getting the land in question encroachment free.
4. It is next submitted that the petitioner against the
order passed by the Circle Officer, Sarmera, dated 10.09.2025,
proposes to file an appeal before the District Magistrate,
Nalanda, so that the issues under dispute can be adjudicated by
the District Magistrate, Nalanda, in reference to the revenue
records, and necessary directions could be issued to the Circle
Officer, Sarmera, for taking recourses as provided in law,
insofar the Jamabandi which is standing in the name of the
ancestors of these petitioners.
5. At this stage, counsel for the State submits that
since there is a forum of appeal provided under Section 11 of
Act, 1956, the petitioner may be directed to take such recourse,
and on filing of such appeal, it would be incumbent upon the
Appellate Authority to pass a final order after giving
opportunity to these petitioners and other concerned officials
Patna High Court CWJC No.1165 of 2026(2) dt.13-03-2026
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necessary to be heard in this case.
6. Counter affidavit on behalf of Respondent Nos. 3 to
5 has been filed during course of hearing, is kept on record and
in view of the stand taken by the counsel for the State, the issues
are being left open to be adjudicated by the Appellate Authority
to pass necessary orders in reference to relevant records.
7. Considering the submission of the parties, this
Court finds it appropriate to direct the petitioner to file an
appeal before District Magistrate, Nalanda, within two weeks
from today, and it is expected that District Magistrate, Nalanda,
will give a detailed hearing to these petitioners, and the issues of
jurisdiction in reference to Jamabandi, which is standing since
1969-1970 in favour of the ancestors of these petitioners, shall
also to be addressed by the District Magistrate, Nalanda, and
appropriate orders shall be passed on the appeal within a period
of one month, till then status quo in respect of the land in
question shall be maintained.
8. With the aforesaid directions, the instant writ
petition stands disposed of.
(Ajit Kumar, J)
abhishekkr/-
U
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