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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

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
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                                                  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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