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Patna High Court

Surendra PanditversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ application was dismissed as it was bereft of necessary pleadings and evidence, and the petitioners were directed to file a fresh application with complete documentation.

Summary

The petitioners, six members of the Pandit family, filed a writ petition challenging notices issued on 15‑11‑2024 by the Circle Officer under the Bihar Land Encroachment Act, 1956, which directed them to appear with land documents or face eviction. They contended that the lands were private raiyati holdings, not public land, that the notice was issued without hearing, and that the authorities lacked jurisdiction to initiate encroachment proceedings without first cancelling the existing jamabandi. The State counsel informed the Court that the encroachment proceedings had been kept in abeyance, but the petitioners alleged a fresh jamabandi‑cancellation proceeding had been started. The Court observed that the petition lacked essential pleadings, including copies of the cancellation notices, and therefore could not be properly adjudicated. Consequently, the Court disposed of the writ application, granting the petitioners liberty to file a fresh petition with complete pleadings and relevant documents.

Issues considered

  • Whether the notice issued under the Bihar Land Encroction Act, 1956 is valid and enforceable against the petitioners.
  • Whether the Circle Officer had jurisdiction to order eviction without hearing the petitioners.
  • Whether encroachment proceedings can be initiated against raiyati land without first cancelling the existing jamabandi.
  • Whether the petitioners' writ application is maintainable in the absence of necessary pleadings and documents.

Legislation cited

  • Bihar Land Encroachment Act

Subjects

  • land encroachment
  • rai yati land
  • jamabandi
  • eviction
  • jurisdiction
  • public land
  • civil suit

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.1634 of 2025
                 ======================================================
           1.     Surendra Pandit Son of Nathu Pandit Resident of Village-Birnighariya, P.O.
                  Pathra, P.S.-Barahat Distt.- Banka.
           2.    Nathu Pandit Son of Late Sikandar Pandit @ Koko Pandit Resident of
                 Village-Birnighariya, P.O. Pathra, P.S.-Barahat Distt.- Banka.
           3.    Mani Shankar Pandit Son of Late Dinesh Pandit Resident of Village-
                 Birnighariya, P.O. Pathra, P.S.-Barahat Distt.- Banka.
           4.    Ashok Pandit Son of Late Suresh Pandit Resident of Village-Birnighariya,
                 P.O. Pathra, P.S.-Barahat Distt.- Banka.
           5.    Lal Kishore Pandit Son of Late Suresh Pandit Resident of Village-
                 Birnighariya, P.O. Pathra, P.S.-Barahat Distt.- Banka.
           6.    Upendra Pandit Son of Late Gulgul Pandit Resident of Village-Birnighariya,
                 P.O. Pathra, P.S.-Barahat Distt.- Banka.

                                                                               ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through the Collector Banka.
           2.    The Collector of the District (DM), Banka.
           3.    The Additional Collector, Banka.
           4.    The Circle Officer (CO), Barahat, District-Banka.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :         Mr. Kumar Malendu, Adv.
                 For the State          :         Mr. Ramadhar Singh (GP 25)

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE VIKASH KUMAR
                                       ORAL ORDER

2   06-07-2026                    Heard Mr. Kumar Malendu, learned Advocate for the

                   petitioners and Mr. Ramadhar Singh, learned G.P. 25 for the

                   State.

                                 2. The petitioner in the present writ application has

                   prayed for following relief/reliefs :-

                                                       (i) Quashing/setting-aside the impugned
                                            notices dated 15.11.24 (Anx-P/3 series) issued by
                                            the Resp. No.4 under the Bihar Land Encroachment
Patna High Court CWJC No.1634 of 2025(2) dt.06-07-2026
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                                  Act, 1956 in Land Encroachment case no. 03/2024-
                                  25 whereby direction has been issued to the
                                  petitioners to appear before him on 30.11.24 along
                                  with all relevant land papers with respect to the
                                  lands in question, otherwise the same shall be
                                  evicted.
                                                (ii) Directing the Repondents -
                                  authorities to drop the said proceedings as the same
                                  has illegally been initiated encroachment
                                  proceeding against the raiyati lands of the
                                  petitioners.
                                                (iii) Holding and declaring that the
                                  lands in question are not a public land, but out and
                                  out, a raiyati & personal lands of the petitioners,
                                  and there is no encroachment at all on the said
                                  lands by any of the petitioner.
                                                (iv) Holding and declaring that without
                                  hearing/deciding the objection of the petitioners the
                                  Ld. CO had no jurisdiction to pass the oral order of
                                  eviction against the petitioners.
                                                (v) Holding and declaring that
                                  Respondents-authorities have no power to initiate
                                  encroachment proceeding against the petitioners
                                  without cancelling the long standing Jamabandis
                                  which is still running with respect to the lands in
                                  question, the remedy for the state authorities are to
                                  file civil suit.
                                                (vi) Restraining the Respondents-
                                  authorities not to evict the petitioners over their
                                  raiyati lands in question till pendency of this writ
                                  application before this Hon'ble Court.
                                                (vii) Granting any other relief/reliefs for
                                  which the petitioner may be found entitled to.

                      3. In the present writ application, the petitioner is

          mainly aggrieved by the impugned notice dated 15.11.2024

          which forms as Annexure P/3 series, issued by the respondent

          no. 4 under the Bihar Land Encroachment Act, 1956 in Land

          Encroachment Case No. -03 of 2024-2025. It has been

          contended on behalf of the petitioners that a detailed reply has
Patna High Court CWJC No.1634 of 2025(2) dt.06-07-2026
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          been submitted by them and the same has been received by the

          office of learned Circle Officer, Barahat, Banka on 30.11.2024

          which forms as Annexure- P/4 to the writ application.

                      4. On instructions, it was informed by learned counsel

          appearing on behalf of the State that the respondent authorities

          have already kept the proceedings of Encroachment Case No. 03

          of 2024-2025, in abeyance, till further orders.

                      5. Thereafter, the learned counsel appearing on behalf

          of the petitioners, above named, has submitted that the

          respondent authorities, after putting into abeyance the impugned

          notices in Encroachment Case No. 03 of 2024-2025 has initiated

          a fresh proceeding for cancellation of jamabandi of raiyati land

          created in their favour and admits that they have received the

          notices in the connected jamabandi cancellation case and it is

          not on record.

                      6. After hearing the parties, this Court finds that the

          present writ application filed by the above named petitioners is

          bereft of necessary pleadings for proper adjudication of matter.

                      7. Accordingly, the present writ application is

          disposed of with liberty to petitioners to file a fresh writ

          application bringing on record all necessary pleadings including

          the copy of notices received by it in cancellation of jamabandi
           Patna High Court CWJC No.1634 of 2025(2) dt.06-07-2026
                                                       4/4




                     proceeding initiated by the Circle Officer, Barahat, if any.




                                                (Vikash Kumar, J)

Ashwin/-

U


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