Patna High Court
Md. Ismail Sah @ Ismail SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- VIKASH KUMAR
Holding
The writ petition is dismissed and the petitioner may only pursue an appeal under Section 11 of the Bihar Public Land Encroachment Act, 1956.
Summary
Petitioner Md. Ismail Sah filed a writ petition seeking a certiorari to quash a notice dated 04-12-2024 issued under Section 6(2) of the Bihar Public Land Encroachment Act, 1956, which directed him to remove an alleged encroachment on public land. The State filed a counter‑affidavit stating that the petitioner failed to appear before the encroachment authority on multiple occasions and that the encroachment proceeding had already been concluded with the encroachers removed on 09-02-2025. No rejoinder was filed by the petitioner and he did not appear before the Court despite repeated calls. The Court accepted the respondents' contention, held that the writ petition was not maintainable, and disposed of the petition, granting the petitioner liberty to seek appeal under Section 11 of the Act. The order effectively upholds the notice and the removal action taken by the authorities.
Issues considered
- Whether the notice issued under Section 6(2) of the Bihar Public Land Encroachment Act, 1956 can be quashed by a writ of certiorari.
- Whether the petitioner’s failure to appear before the encroachment authority affects the maintainability of the writ petition.
- Whether the petitioner is entitled to any relief other than an appeal under Section 11 of the Act.
Legislation cited
- Bihar Public Land Encroachment Act, 1956 — s. 11, 5(1)(c), 6(2)
- Indian Penal Code
Subjects
- public land
- encroachment
- certiorari
- Bihar Public Land Encroachment Act
- non‑appearance
- alternative remedy
- appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1862 of 2025
======================================================
Md. Ismail Sah @ Ismail Sah Son of Rashid Sah Resident of Chhatargachh,
Police Station- Pothiya, District- Kishanganj.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Land Reforms
and Revenue Department, Government of Bihar, Patna.
2. The Collector, Kishanganj.
3. The Sub- Divisional Officer, Kishanganj.
4. The Circle Officer, Pothiya Circle, Kishanganj.
5. The Anchal Amin, Pothiya Circle, Kishanganj.
6. The Station House Officer, Pothiya Police Station, Kishanganj.
7. The Chairman, District Board, Kishanganj.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : None
For the State : Mr. D. Kumar, Government Pleader (14)
======================================================
CORAM: HONOURABLE MR. JUSTICE VIKASH KUMAR
ORAL ORDER
2 06-07-2026 On repeated calls none appears for the petitioner.
Heard Mr. Durjyoti Kumar, learned GP 14 for the State.
2. The petitioner in the present writ application has
prayed for the following relief/reliefs :-
i. For issuance of a writ in the nature of
certiorari for quashing the notice dated 04.12.2024
passed in Encroachment Case No. 04/2024-2025
Under Section 6 Sub Section (2) of Bihar Public
Land Encroachment Act 1956 whereby and
whereunder petitioner has been directed to remove
the encroachment from Khata No. 215, 363 Thana
No. 165 in Mauja Chhatargachh as after
measurement of the said land order under Section 5
Sub Section (1) (c) has been passed under the Act
for removing the encroachment within 10 days
failing which coercive steps shall be taken under
provision of Indian Penal Code.
Patna High Court CWJC No.1862 of 2025(2) dt.06-07-2026
2/2
ii. For issuance of any other
relief/reliefs which may deem fit and proper to the
facts and circumstances of the case.
3. The counter-affidavit dated 08.10.2025 is on record
with service to the learned counsel for the petitioner on
09.10.2025. No rejoinder has been filed by the petitioner.
4. It has been submitted on behalf of the respondent
that the petitioner fails to appear before the authority concerned
in the proceeding of Encroachment Case No. 04 of 2024-2025,
on repeated dates.
5. The land in question is public land and it appears
that the encroachment proceeding has been concluded and on
09.02.2025 the encroachers were removed from the land in
question.
6. The contention made by the respondents in their
counter-affidavit is accepted.
7. Accordingly, the present writ application is
disposed of with liberty to the petitioner to avail the alternative
remedy of appeal if advised, under the provision of Section 11
of the Bihar Public Encroachment Act, 1956.
(Vikash Kumar, J)
Ashwin/-
U
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