Patna High Court
Pancha Nand SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court did not decide the merits and directed the competent authority to proceed with action under the Bihar Public Land Encroachment Act, 1956.
Summary
Petitioner Pancha Nand Singh filed a writ petition alleging illegal encroachments on railway‑acquired land in the villages of Jalalpur and Rupaspur. The Court ordered a measurement, which was carried out by a committee of five Amins, identifying 38 encroachers. The respondents submitted a counter‑affidavit confirming the measurement and forwarding the report to the Circle Officer, Danapur, and the Additional Collector, Patna. The Court noted that, under the Bihar Public Land Encroachment Act, 1956, proceedings must be initiated under Section 3, notices issued, and a final order passed under Section 6, with appeal rights under Section 11. It directed the competent authority to follow these statutory procedures and disposed of the writ petition without expressing any view on the merits.
Issues considered
- Whether the authorities must initiate encroachment proceedings under Section 3 of the Bihar Public Land Encroachment Act, 1956 against the identified encroachers.
- Whether the writ petition seeking relief can be disposed of without adjudicating the merits of the encroachment claim.
Legislation cited
- Bihar Public Land Encroachment Act, 1956 — s. 11, 3, 6
Subjects
- encroachment
- railway land
- Bihar Public Land Encroachment Act
- measurement
- writ petition
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16859 of 2025
======================================================
Pancha Nand Singh Son of Yogendra Prasad Singh, Resident of Rupaspur,
P.S.- Rupaspur, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Chief Secretary, Govt. of Bihar, Patna.
3. The Additional Chief Secretary, Road Construction Department, Govt. of
Bihar, Patna.
4. The Principal Secretary, Revenue and Land Reforms Department, Govt. of
Bihar, Patna.
5. The Principal Secretary, Water Resources Department, Govt. of Bihar, Patna.
6. The District Magistrate, Patna.
7. The Commissioner, Patna Municipal Corporation, Patna.
8. The Executive Engineer, Patna Municipal Corporation, Patna.
9. The New Nutan Rajdhani Anchal, through its Executive Engineer Patna.
10. The Union of India, through the Secretary, Railway Board, Ministry of
Railways, Rail Bhawan, New Delhi-110001.
11. The Chairman, Railway Board, Ministry of Railways, Rail Bhawan, New
Delhi- 110001.
12. The Executive Director, Land and Amenities Railway Board, Ministry of
Railways, Rail Bhawan, New Delhi- 110001.
13. The Divisional Railway Manager, Danapur.
14. The General Manager, East Central Railway, Hajipur, P.O.- Digghikala, P.S.-
Hajipur, District- Vaishali at Hajipur- 844101 (Bihar).
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satyam Shivam Sundaram, Adv.
Mr. Ankit, Adv.
Mr. Aman Kumar, Adv.
For the State : Mr. P K Shahi, AG
Mr. Vikash Kumar, AC to AG
For the PMC : Mr. Ranjeet Kumar Pandey, Adv.
For the UOI : Dr. Krishna Nandan Singh, ASG
Mr. Kumar Ravish, JC to ASG
Mr. Abhijeet Gautam, JC to ASG
Mr. Abhinav, JC to ASG
Patna High Court CWJC No.16859 of 2025(7) dt.10-04-2026
2/4
Mr. Shivaditya Dhari Singh, JC to ASG
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
7 10-04-2026 When the matter was taken up on 16.03.2026, the
learned Advocate General apprised this Court that, since
representatives of the two villages, i.e. Jalalpur and Rupaspur,
raised certain objections, the District Magistrate, Patna,
constituted a Committee, and fresh measurements are being
undertaken since 14.03.2026 and the learned Senior Counsel
appearing for the Railways submitted that it would take five to
six days to complete the measurement. Accordingly, the matter
was adjourned with a direction to the learned counsel for the
respective parties to apprise this Court of the developments in
the matter.
2. A counter affidavit dated 30.03.2026 has been filed
on behalf of Respondent Nos. 4 and 6, duly sworn by Akhil
Kumar Jha, Deputy Secretary, wherein it has been stated as
follows:
“13. That it is further stated here that
in compliance to the order dated 16.02.2026
passed by this Hon'ble Court, the measurement
work was carried out on the spot in question on
14.03.2026, 16.03.2026, 17.03.2026,
Patna High Court CWJC No.16859 of 2025(7) dt.10-04-2026
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18.03.2026, 19.03.2026 and 25.03.2026
respectively. After carrying out the
measurement on different dates, the committee
of five Amins submitted its report to the Circle
Officer, Danapur vide letter dated 25.03.2026
stating therein that 38 persons have encroached
or have carried out illegal construction over the
railway acquired land. The details of
encroachers have been provided in the report
dated 25.03.2026, The Circle Officer, Danapur,
vide letter bearing Memo No. 1238 dated
25.03.2026 submitted the said report to the
Additional Collector, Patna which is being
brought on record by way of annexure in this
instant counter affidavit.
14. That in view of the aforesaid
facts, it is apparent that the concerned state
officials have taken needful action in the matter
and undertakes to carry out further
consequential action in the matter as directed
by this Hon'ble Court.”
3. Upon perusal of the aforesaid paragraphs, it appears
that, pursuant to the measurement, it has been found that 38
persons have encroached upon the land in question and have
raised illegal constructions over the railway-acquired land. The
details of such encroachers have been submitted to the Circle
Officer, Danapur, on 25.03.2026, who has, in turn, forwarded
Patna High Court CWJC No.16859 of 2025(7) dt.10-04-2026
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the same to the Additional Collector, Patna.
4. In terms of the provisions of the Bihar Public Land
Encroachment Act, 1956 (hereinafter referred to as “the 1956
Act”), proceedings in such matters are required to be initiated
under Section 3 thereof. Notices are to be issued to the alleged
encroachers and other concerned parties, affording them an
opportunity to file their defence and to be heard. Thereafter, a
final order is to be passed under Section 6 of the said Act,
against which an appeal lies under Section 11 thereof.
5. Since the report has already been submitted before
the competent authority, it is expected that the said authority
shall proceed strictly in accordance with the provisions of the
1956 Act and take all consequential steps for determination of
the issue of encroachment in accordance with law.
6. With the aforesaid observations, the writ petition is
disposed of.
7. It is made clear that we have not expressed any
opinion on the merit(s) of the case.
(Sangam Kumar Sahoo, CJ)
( Harish Kumar, J)
rohit/-
U
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