Patna High Court
Mahendra Ram @ Mahendra RabidasversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- VIKASH KUMAR
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
- Bihar Public Land Encroachment Act, 1956 — s. 11, 6(1), 6(2)
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
2/3
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
3/3
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.