Patna High Court
Firoj Ansari,versusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The petition is dismissed because the petitioner must first file a proper application under the Bihar Public Land Encroachment Act, 1956 before the court can entertain the reliefs sought.
Summary
The petitioner, Firoj Ansari, filed a writ petition seeking the court’s intervention to remove encroachments on several parcels of public land in West Champaran and to direct investigations and criminal/departmental proceedings against revenue officials alleged to have colluded in the illegal mutations. The petition relied on the Bihar Public Land Encroachment Act, 1956, but the court observed that the petitioner had only filed a representation before the District Magistrate concerning a single plot and had not made the statutory application required under the Act for the other plots. The court held that the petitioner must first file a proper application before the concerned authority highlighting all the disputed plots so that the procedure prescribed by the Act can be followed. Consequently, the writ petition was dismissed and the matter was disposed of. Any pending applications, if filed, would also be disposed of.
Issues considered
- Whether a writ petition seeking removal of encroachments and disciplinary action against revenue officers is maintainable without first filing an application under the Bihar Public Land Encroachment Act, 1956.
- Whether the High Court can direct the removal of encroachments and initiate criminal/departmental proceedings in the absence of a statutory application.
Legislation cited
Subjects
- public land encroachment
- Bihar Public Land Encroachment Act
- writ petition
- removal of encroachment
- departmental inquiry
- criminal proceedings
- High Court jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.154 of 2026
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Firoj Ansari, S/o Late Sadik Ansari, resident of Mohalla-Shastri Nagar, Ward
No.15, P.S.-Bagaha, District-West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. The Additional Chief Secretary, Department of Revenue and Land Reforms,
Govt. of Bihar, Patna.
3. The District Magistrate, West Champaran.
4. The Superintendent of Police, Bagaha, West Champaran.
5. The Additional Collector, West Champaran.
6. The Sub-Divisional Magistrate, Bagaha-1, West Champaran.
7. The Deputy Collector Land Reforms, Bagaha, West Champaran.
8. The Circle Officer, Bagaha-1, West Champaran.
9. The officer-in-charge, Bagaha Police Station, West Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sunil Kumar Verma, Advocate
Mr. Suman Kumar Verma, Advocate
Mr. Anish Kumar, Advocate
Mr. Amresh Kumar Mishra, Advocate
Ms. Anjali Singh, Advocate
Ms. Ayushi Singh, Advocate
For the Respondent/s : Mr. Nadim Seraj, GP-5
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 09-01-2026
Heard learned counsel for the parties.
2. This writ petition has been filed by the petitioner
seeking for the following relief(s):-
(i). Issuance of an appropriate writ/order/direction
upon the Respondent state Authority/Authorities for
Patna High Court CWJC No.154 of 2026 dt.09-01-2026
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ensuring early and enduring removal of encroachment
and illegal occupation/control over Public Land
registered in the Survey Khatiyan in the nature of Gair
Mazrua Malik covered under Khata No.04 relating to
plot No.403 situated at Mauza- Ratanmala measuring 4
Kattha & 8 Dhur, Khata no.346, relating to plot no.133
situated at Mauza-Bagaha Measuring an area of 3
Kattha, 13 Dhur, Khata No.346 relating to plot no.104
measuring an area of 03 Kattha situated at Mauza-
Bagaha Khas, Khata No.346, Plot No.134, situated at
Mauza-Bagaha Khas measuring an area of 20 decimal,
Khata No.346 relating to Plot no.134/6 at Mauza-
Bagaha Khas measuring 10 decimal of land, Khata
no.346 relating to plot no.104 situated at Mauza-
Bagaha measuring 01 Bigha 01 Katha and 15 Dhur,
Khata No.57 relating to plot no.222 situated at Mauza-
Bagaha measuring an area of 11.17 but decimal of land
and last but not the least, khata no.357 relating to plot
no.1156, 1305 and 1306 at Mauza- Ratanmala
measuring 29.08 decimal of land which at the moment
stands illegally and collusively mutated in favour of
unscrupulous persons and land grabbers conspiring
together with the concerned Revenue/Administrative
Authorities at Bagaha in the district of West
Champaran resulting in substantial damage and loss of
property to the state of Bihar and public at large.
(ii). Further issuance of an appropriate
writ/order/direction upon the concerned State
Authority/Authorities for constituting a body/team of
Senior responsible Officers entrusted with the task to
identify such public land at Bagaha/ West Champaran
which is public land but under illegal and wrongful
private control/occupation of land
grabbers/encroachers who have vested private interest
in relation to such public land and further enquire
Patna High Court CWJC No.154 of 2026 dt.09-01-2026
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about collusion and complicity of the
Revenue/Administrative Officer/s posted at Bagaha at
different points of time in order to fix accountability
against such unscrupulous officials causing loss to the
state property.
(iii). Further issuance of an appropriate writ/order/
direction for instituting Criminal and departmental
proceeding against such Revenue/Administrative
Officers who are primafacie found responsible for
allowing / permitting/ facilitating transfer of public
land in favour of private persons/land grabbers for
having caused damage /loss to the state property.
(iv) For any other relief/reliefs to which the petitioner is
found entitled to in the facts and circumstances of the
case.”
3. When we posed the pertinent question to the
learned counsel appearing for the petitioner that in terms of the
Bihar Public Land Encroachment Act, 1956 (for brevity ‘Act’)
whether any application has been filed before the concerned
authority, the learned counsel has referred to Page No. 44 of the
brief, from which we find that it relates to a representation filed
before the District Magistrate, Bettiah in respect of only one
plot. However, in the writ petition several plot numbers have
been mentioned in which it is stated that encroachments have
been made by different persons.
4. It is open to the petitioner to file a proper
application before the concerned authority, i.e., Respondent No.
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3, highlighting all those plot numbers in question, so that
necessary procedure can be resorted to in accordance with the
Act.
5. With the aforesaid observation, this writ petition
stands disposed of.
6. Pending application(s), if any, shall also stand
disposed of.
(Sangam Kumar Sahoo, CJ)
( Sudhir Singh, J)
sujit/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 13.01.2026
Transmission Date
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