Patna High Court
Animesh IkshitversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANIL KUMAR SINHA
Holding
The Court held that the petitioner may pursue his remedy before the Circle Officer and ordered a stay on demolition until a final order is passed.
Summary
The petitioner, Animesh Ikshit, filed a writ petition challenging the initiation of land encroachment proceedings against him under the Bihar Public Land Encroachment Act, 1956. Notices had been issued under Section 3 of the Act and the petitioner had filed replies. The State argued that the Circle Officer should decide the matter under Section 6(1) after considering the reply. The High Court observed that no final order had yet been passed by the Circle Officer and therefore directed the officer to fix a hearing date, consider the petitioner's reply, and issue a final order within four months. The Court also stayed any demolition of the structure until the final order is rendered. Consequently, the writ application was disposed, allowing the petitioner to pursue his remedy before the Circle Officer.
Issues considered
- Whether the petitioner is entitled to a stay on demolition of the alleged encroached structure pending a final order by the Circle Officer under the Bihar Public Land Encroachment Act, 1956.
- Whether the High Court can direct the Circle Officer to fix a hearing date and pass a final order within a specified time.
Legislation cited
- Bihar Public Land Encroachment Act, 1956 — s. 3, 6(1)
Subjects
- land encroachment
- public land
- Bihar Public Land Encroachment Act
- stay order
- demolition
- civil writ jurisdiction
- hearing
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1354 of 2024
======================================================
Animesh Ikshit S/O Nawal Kishore Prasad Singh Resident of Old Cold Store,
Near PNT Colony, Gandhi Chowk, Chapra- P.S. and Dist- Chapra, Saran- at
present R/o D-98, First Floor, South City-2, Sohna Road, Sector 49, Islampur
(97), Gurgaon-122018
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Land and
Revenue Department, Government of Bihar at Patna.
2. The Collector cum District Magistrate Saran at Chapra.
3. The Superintendent of Police Saran at Chapra.
4. The Sub Divisional Officer, Saran at Chapra.
5. The Circle Officer, Garkha District- Saran at Chapra.
6. SHO, Garkha District- Saran at Chapra.
7. Satish Kumar Singh S/O Surendra Prasad Singh Resident of Village-
Machagra, Bhithi Sahabuddin, P.S.- Baniapur, Saran at Chapra.
8. Manish Kumar S/O Late Mangal Rai Resident of Village- Bhaismara/Ferusa,
Garkha, Saran at Chapra.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Dwivedi
For the Respondent/s : Mr. Jitendra Kumar Roy-1, Sc13
: Mr. U.K. Singh, Ac to Sc13
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
6 16-01-2026 1. Heard learned counsel for the petitioner, learned
counsel for the State and private respondent nos. 7 and 8.
2. The petitioner has approached this Court against
initiation of encroachment cases for which notices were issued
against the petitioner in Land Encroachment Case No. 19 of
2022-23 and 11 of 2022-23 under Section 3 of the Bihar Public
Land Encroachment Act, 1956 (hereinafter referred to as the
Act).
3. Learned counsel for the petitioner submits that
reply of the notice issued under Section 3 of the Act have been
Patna High Court CWJC No.1354 of 2024(6) dt.16-01-2026
2/2
filed by the petitioners.
4. Learned counsel for the State submits that Circle
Officer, after considering the reply of the petitioner, shall pass
the appropriate order under Section 6(1) of the Act.
5. Considering the rival submissions of the parties and
the fact that final order has not been passed by the Circle
Officer, accordingly, the present writ application is disposed
with liberty to the petitioners to pursue his remedy before the
Circle Officer where the encroachment cases are pending for
final disposal in which the petitioner has filed his reply/show
cause. The Circle Officer, Garkha, is directed to fix a specific
date in all the encroachment cases initiated against the
petitioners and after giving opportunity of hearing to the
petitioners and the concerned parties, shall pass the final order
within the period of four months from today.
6. Till the final order is passed by the Circle Officer,
Garkha, there shall be no demolition of the structure in question.
7. With the aforesaid direction and observation, the
present writ application is disposed.
(Anil Kumar Sinha, J)
HarshPandey/-
U
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