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Patna High Court

Kisto Prasad Gupta @ Kisto PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                 ======================================================
           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
Patna High Court CWJC No.19419 of 2025(2) dt.31-01-2026
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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
Patna High Court CWJC No.19419 of 2025(2) dt.31-01-2026
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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
          Patna High Court CWJC No.19419 of 2025(2) dt.31-01-2026
                                                     4/4




                    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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