Patna High Court
Jogi SahniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The court held that the petitioner must file a fresh representation and the removal of encroachment should be pursued through the procedure prescribed under Section 3 of the Bihar Public Land Encroachment Act, 1956.
Summary
Petitioner Jogi Sahni filed a writ petition seeking an order directing the State of Bihar and other officials to remove encroachments on public land (Khesra No. 963(O), 1698(N)) caused by respondent No.5 and others. The court examined whether it could directly order removal or must direct the petitioner to follow statutory procedure. It held that the petitioner must first file a fresh representation detailing the encroachers, after which the Circle Officer should initiate proceedings under Section 3 of the Bihar Public Land Encroachment Act, 1956. The court directed that the appropriate notice and adjudication be carried out within the time limits prescribed by the Act. Consequently, the writ petition was disposed of without a direct order for removal.
Issues considered
- Whether the High Court can directly order removal of encroachment on public land in a writ petition.
- Whether the petitioner must first file a representation and allow the statutory process under the Bihar Public Land Encroachment Act, 1956 to proceed.
Legislation cited
Subjects
- encroachment
- public land
- writ jurisdiction
- Bihar Public Land Encroachment Act
- land reform
- removal of encroachment
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1807 of 2025
======================================================
Jogi Sahni Son of Late Gauri Sahni, Resident of Village- Mariya Khokhanahi,
P.S.- Bisfi, District- Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Revenue, Land Reforms,
Department, Govt. of Bihar, Patna.
2. The District Collector, Madhubani.
3. The Sub-Divisional Magistrate, Benipatti, Madhubani.
4. The Circle Officer, Bisfi, Madhubani.
5. Sujeet Sahani, Son of Manager Sahani, Resident of Village Madhiya, P.S.-
Bisfi, District- Madhubani.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Saroj Kumar, Adv.
For the Respondent/s : Government Advocate (10)
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 18-03-2026 Heard learned counsel for the petitioner and learned
counsel for the Respondent-State.
2. The instant writ application has been filed for the
following relief(s):-
“(i) For issuance of an
appropriate writ/ writ(s)/order(s) or
direction to the respondents to remove the
encroachment upon the land pertaining to
Khesra No. 963(O), 1698(N) which is
situated at Mauza Madhiya, Thana-Bisfi,
District, Madhubani and this land belongs to
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Bihar Sarkar as Anabad Sarbsadharan
(Road Lane) so that peace of that locality be
maintained. The said land has been
encroached by respondent No.5 and others
by constructing their thatched hut etc.”
3. The petitioner is directed to file a fresh
representation with regard to the encroachment, in question,
giving full details of the persons who have made construction
over the land and creating obstruction over the public road by
blocking the same.
4. It is expected that once such an application for
removal of the encroachment is filed by the petitioner, then the
Circle Officer, Bisfi, Madhubani will initiate the appropriate
proceeding under Section 3 of the Bihar Public Land
Encroachment Act, 1956 and, after giving notice to all
concerned, necessary orders shall be passed, adjudicating the
issues, in question, and once it is found that the land, in
question, is a public land and the same has been encroached by
the private persons, the same shall be made encroachment free
within the time so allowed under the statute.
5. It is expected that the entire exercise shall be
carried out and concluded within the time stipulated under the
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Act from the date of initiation of proceeding under Section 3 of
the Bihar Public Land Encroachment Act, 1956.
6. With the aforesaid observation and direction, the
writ petition stands disposed of.
(Ajit Kumar, J)
perwez
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