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Patna High Court

Mahendra Ram @ Mahendra RabidasversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioners must pursue the alternative statutory remedy of an appeal under section 11 of the Bihar Public Land Encroachment Act, 1956, and therefore dismissed the writ petition.

Summary

The petitioners, a group of ten residents of Baliganw village, filed a writ petition in the Patna High Court seeking a certiorari to quash a notice issued by the Circle Officer under the Bihar Public Land Encroachment Act, 1956, which ordered the demolition of their Indira Awas houses and demanded vacating the land. They also prayed for a mandamus directing the authorities not to disturb their possession of houses they have occupied for over 70 years. The State responded that the encroachment proceeding had been concluded in accordance with the Act, with a final order under section 6(1) declaring the petitioners as encroachers and a notice under section 6(2) to vacate by 30‑12‑2024. The Court observed that the petitioners have an expressly provided statutory remedy of filing an appeal under section 11 of the same Act. Consequently, the Court dismissed the writ petition, granting the petitioners liberty to pursue the alternative remedy of appeal. No other relief was granted.

Issues considered

  • Whether the notice and order issued by the Circle Officer under the Bihar Public Land Encroachment Act, 1956 can be challenged by a writ of certiorari or mandamus.
  • Whether the petitioners must first avail the statutory appeal provided under section 11 of the Bihar Public Land Encroachment Act, 1956 before approaching the High Court.

Legislation cited

Subjects

  • writ jurisdiction
  • certiorari
  • mandamus
  • public land encroachment
  • statutory appeal
  • alternative remedy

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.1821 of 2025
                 ======================================================
           1.     Mahendra Ram @ Mahendra Rabidas S/o Late Ruplal Ravi Das, Resident of
                  Village- Baliganw (Gongra) P.S. Madanpur, District- Aurangabad.
           2.    Jogendra Ram @ Jogendra Rabidas S/o Late Rup Lal Ravi Das, Resident of
                 Village- Baliganw (Gongra) P.S. Madanpur, District- Aurangabad.
           3.    Harendra Paswan S/o Jugal Paswan, Resident of Village- Baliganw (Gongra)
                 P.S. Madanpur, District- Aurangabad.
           4.    Balindra Ravidas S/o Late Rup Lal Ravi Das, Resident of Village- Baliganw
                 (Gongra) P.S. Madanpur, District- Aurangabad.
           5.    Surendra Paswan S/o Jugal Paswan, Resident of Village- Baliganw (Gongra)
                 P.S. Madanpur, District- Aurangabad.
           6.    Jitendra Kumar @ Jitendra Paswan S/o Jugal Paswan, Resident of Village-
                 Baliganw (Gongra) P.S. Madanpur, District- Aurangabad.
           7.    Satendra Rabidas S/o Late Rup Lal Ravi Das, Resident of Village- Baliganw
                 (Gongra) P.S. Madanpur, District- Aurangabad.
           8.    Jugal Paswan S/o Chandra Dev Paswan, Resident of Village- Baliganw
                 (Gongra) P.S. Madanpur, District- Aurangabad.
           9.    Upendra Paswan S/o Jugal Paswan, Resident of Village- Baliganw (Gongra)
                 P.S. Madanpur, District- Aurangabad.
           10. Baliram Goswami S/o Bibeni Goswami, Resident of Village- Gongra
               (Baliganw) P.S. Madanpur, District- Aurangabad.

                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through District- Magistrate, Aurangabad.
           2.    Sub-Divisional Officer, Aurangabad.
           3.    The Deputy Collector Land Reforms, Aurangabad.
           4.    Circle Officer, Madanpur, District- Aurangabad.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr. Binod Kumar Panday, Advocate
                                        :     Mr. Navin Kumar Jha, Advocate
                 For the State          :     Mr. Raghwanand GA 11
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE VIKASH KUMAR
                                       ORAL ORDER

2   06-07-2026                     Heard Sri Navin Kumar Jha, learned counsel for the

                   petitioners and Sri Raghwanand, learned GA 11 for the State.

                                 2. In present writ application the petitioners have
Patna High Court CWJC No.1821 of 2025(2) dt.06-07-2026
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          prayed for the following reliefs:-

                                       I. For issuance of an appropriate writ in the
                          nature of certiorari for quashing the notices issued by circle
                          Officer, Madanpur, District-Aurangabad on 16.12.2024 in
                          encroachment case no.02/2024-25 for removing their Indira
                          Awas houses which are situated in Mouza Gangra, Khata
                          No. 75, Kheshra no. 01 Area 352 to 799 Sq. fit. in the name
                          of petitioners (Contained in annexure 3 series)
                                       II. For issuance of an appropriate writ in the
                          nature of mandamus directing the respondent authorities
                          not to disturb the possession of petitioners residential
                          houses in which they are residing about more than 70 years
                          and on the same land their Indira Awas were constructed.
                                       III. To grant any other relief/ reliefs to which
                          the petitioners may be found entitled to in the facts
                          circumstances of the case.
                      3. In present writ application the petitioners have

          challenged the notice dated 16.12.2024 issued by the Circle

          Officer, Madanpur, District Aurangabad in Encroachment Case

          No. 02/2024-25. A duly affidavited counter affidavit filed by

          respondent nos. 1 to 4 is on record. Paragraph 14 of the counter

          affidavit is reproduced hereinbelow:

                               “14. That it is humbly submitted that the proceeding of
                  Encroachment Case No. 02/2024-25 was concluded by the Circle
                  Officer, Madanpur, (Respondent no. 4 herein) after following the
                  mandated provisions as laid down under Bihar Public Land
                  Encroachment Act, 1956 and a final order u/s 6(1) of the Act was
                  passed on dated 16.12.2024 declaring the petitioner as encroacher
                  and thereafter all the encroachers (Petitioners herein) were noticed
                  on Prapatra-II, under section 6(2) of the Act, with a direction to
                  vacate the public land in question by 30.12.2024 otherwise legal
                  action will be taken against them.”
                      4. No rejoinder has been filed by the petitioners

          against order dated 16.12.2024, passed in Encroachment Case

          No. 02/2024-25, the petitioners have an alternative remedy of
          Patna High Court CWJC No.1821 of 2025(2) dt.06-07-2026
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                    appeal under section 11 of the Bihar Public Land Encroachment

                    Act, 1956.

                                5. Accordingly, the present writ application is

                    disposed of with liberty to the petitioners to avail the alternative

                    remedy of appeal under section 11 of the Bihar Public Land

                    Encroachment Act, 1956.



                                               (Vikash Kumar, J)
sweta/-

U


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