Patna High Court
Kisto Prasad Gupta @ Kisto PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANIL KUMAR SINHA
Holding
The court held that the petitioners may file an appeal against the demolition notice and that demolition should be stayed pending such appeal.
Summary
The petitioners, who have been in possession of a plot of land since 1946 based on a registered sale deed, challenged a notice dated 25‑04‑2022 issued under the Bihar Public Land Encroachment Act, 1956 for demolition of their residential house. Earlier encroachment proceedings in 1975 were dropped on the ground that the land was not public, but a fresh proceeding was initiated in 2018. The notice was issued without giving the petitioners an opportunity of hearing, prompting a claim of violation of natural justice and fear of demolition. The State argued that the notice is appealable under Section 11 of the Act and no demolition date has been fixed. The High Court disposed of the writ, directing the petitioners to file an appeal within 15 days and staying any demolition until the District Magistrate decides the matter, with a reasoned order to be delivered within four months.
Issues considered
- Whether the issuance of a demolition notice without hearing violates the principles of natural justice.
- Whether the petitioners are entitled to a stay of demolition pending appeal under the Bihar Public Land Encroachment Act, 1956.
- Whether the earlier 1975 order that the land is not public affects the validity of the 2022 notice.
Legislation cited
- Bihar Public Land Encroachment Act, 1956 — s. 11, 6(2)
Subjects
- encroachment
- public land
- natural justice
- stay order
- appeal
- land ownership
- demolition
- Bihar Public Land Encroachment Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19419 of 2025
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1. Kisto Prasad Gupta @ Kisto Prasad Son of Late Ram Chandra Shaw
Resident of ward no.- 16, near Mandir, Umanath, Barh, Patna, Bihar,
803213.
2. Dhrub Prasad Gupta, Son of Late Ram Chandra Shaw Resident of ward no.-
16, near Mandir, Umanath, Barh, Patna, Bihar, 803213.
3. Arun Kumar Gupta, Son of Late Ram Chandra Shaw Resident of ward no.-
16, near Mandir, Umanath, Barh, Patna, Bihar, 803213.
4. Vijay Kumar Pandey, Son of Late Chandra Dev Pandey Resident of ward
no.- 16, near Mandir, Umanath, Barh, Patna, Bihar, 803213.
5. Ashutosh Kumar Pathak, (Legal representative of Late Dhirendra Pathak
alias Dhiraj Pathak, Son of Late Bachan Pathak Resident of ward no.- 16,
near Mandir, Umanath, Barh, Patna, Bihar, 803213.
6. Parbhawati Devi, W/o Late Amarnath Giri, Son of Late Kailash Bharti
Resident of ward no.- 16, near Mandir, Umanath, Barh, Patna, Bihar,
803213.
... ... Petitioner/s
Versus
1. The State of Bihar through the District Magistrate, Patna.
2. The Deputy Collector Land Reforms, Barh, Patna.
3. The Circle Officer, Barh, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Singh, Sr. Adv.
: Mr. Ashish Kumar, Adv.
: Mr. Saharsh Singh, Adv.
For the Respondent/s : Mr. Standing Counsel (25)
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 31-01-2026 1. Petitioners have filed the present writ application
challenging the notice dated 25.04.2022 issued in Encroachment
Case No. 7 of 2018 by C.O., Barh, for removal of encroachment
from Khata No. 114, Plot No. 3 having a total area of 50
decimals in Thana No. 55, Mauja- Banarasi, District- Patna.
2. Learned senior counsel for the petitioners submits
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that petitioners and their family members have been residing
upon the subject land since 1946 after purchasing the same by
virtue of registered sale deed, which has been annexed as
Annexure-1. The rent receipts are being issued in favour of the
petitioners and their family members since long and the
petitioners have been paying their rent continuously. The pakka
residential house has been constructed upon the subject land in
which electricity connection has been provided, and the
petitioners have been paying their electricity bill also.
3. It has been further submitted that a proceeding
under the Bihar Public Land Encroachment Act, 1956
(hereinafter referred to as the Act), was earlier initiated in the
year 1975-76 having a land Encroachment Case No. 26 of 1975-
76 upon the subject land and the then competent authority vide
his order dated 11.11.1975 dropped the encroachment
proceeding on the ground that land in question is not a public
land, as such, the Act shall not apply.
4. Subsequently, in 2018, a fresh proceeding under the
Act was initiated and the Encroachment Case No. 7 of 2018
before the C.O., Barh, was instituted, in which the petitioners
submitted their reply/objection. Without giving any opportunity
of hearing to the petitioners and passing final order in presence
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of the petitioners, the impugned notice dated 25.04.2022 was
issued against the petitioners under Section 6(2) of the Act and
the copy of which was made available to the petitioners. The
petitioners submitted their reply also and the matter remained
pending since then. Suddenly, the bulldozer action has started
and some of the nearby houses have been demolished.
Accordingly, the petitioners are having apprehension that their
houses shall also be demolished pursuant to the impugned
notice which has been issued in complete violation of principles
of natural justice.
5. Learned counsel for the state argued that no date
has been fixed for demolition and there is a provision for appeal
under Section 11 of the Act, as such, the petitioners may file an
appeal before the District Magistrate against the notice and/or
final order passed by the Circle Officer, Barh.
6. Having heard learned counsel for the parties and
taking into consideration the fact that final notice has been
issued for demolition of the residential houses of the petitioners
and also the fact that the final order/notice of the Circle Officer
is appealable before the District Magistrate, accordingly, the
present writ application is disposed with liberty to the
petitioners to file appeal against the order passed in
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Encroachment Case No. 7 of 2018 and the final notice within a
period of 15 days from today. If such an appeal is filed, the
District Magistrate, Patna, is directed to call for the records of
the Encroachment Case No. 7 of 2018 from the Circle Officer
Barh, and after giving opportunity of hearing to all concerned,
including the petitioners, the District Magistrate, Patna, is
directed to dispose the encroachment case in accordance with
law by speaking and reasoned order within a period of four
months from the date of filing of appeal.
7. It is made clear that till further order, there shall be
no demolition of the houses of the petitioners situated on the
subject land and no steps shall be taken for removal of
encroachment from the land in question qua the petitioners.
8. With the aforesaid direction and observation, the
present writ application is disposed.
(Anil Kumar Sinha, J)
HarshPandey/-
U
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