Patna High Court
Sudhir MehtaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court held that the appropriate remedy is to direct the petitioners to make a fresh representation and the Circle Officer to examine records and, if the land is public, to initiate encroachment proceedings, rather than ordering immediate removal.
Summary
The petitioners, a group of individuals, filed a writ petition before the Patna High Court seeking removal of alleged encroachments on two parcels of public land (Khata No. 84, Plot No. 886 and Plot No. 860) in Simra, Aurangabad district. They alleged that despite notices issued in 2024, the authorities had failed to act under the Bihar Public Land Encroachment Act, 1956. The State argued that the court could merely direct the Circle Officer to commence appropriate proceedings after giving a hearing. The Court observed the administrative lapse and ordered the petitioners to file a fresh representation before the Circle Officer within two weeks. The Circle Officer was directed to verify the revenue records, confirm the land’s public status, and, if encroached, to initiate removal proceedings within six months after hearing the parties. Consequently, the writ application was disposed of without granting any immediate injunction.
Issues considered
- Whether the petitioners are entitled to a writ directing immediate removal of encroachment on public land under the Bihar Public Land Encroachment Act, 1956
- Whether the court should direct the administrative authority to initiate encroachment proceedings after due hearing
Legislation cited
Subjects
- public land
- encroachment
- Bihar Public Land Encroachment Act, 1956
- writ jurisdiction
- administrative law
- representation
- land removal
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19534 of 2025
======================================================
1. Sudhir Mehta S/o Late Balli Mehta, R/o Village Chilliaawa, P.O. Pandariya,
P.S. Simra, Anchal - Kutumba, District Aurangabad.
2. Bhim Chouhhan, S/o Munshi Chouhhan, R/o Village -Pandariya Tola,
Saghan Bigha, P.O. - Pandariya, P.S. - Simra, District -Aurangabad.
3. Madheshwar Yadav, s/o late Raman Yadav P.O. Pandariya, P.S. Simra,
District Aurangabad.
4. Mahendra Pasawan, S/o Kishunpant Paswan, R/o Village - Pokharahi, P.O.
-Pandariya, P.S. - Simra, District - Aurangabad.
5. Pancham Saw, S/o Late Dhura Saw, R/o Village - Chorha, P.O. - Pandariya,
P.S. Simra, District - Aurangabad.
6. Vijay Mehta, S/o Late Ganpat Mehta, R/o Village Chilliaawa P.O. Pandariya,
P.S. Simra, Anchal Kutumba, District-Aurangabad.
7. Gopal Mehta, S/o Jagan Mehta, R/o Village - Chilliaawa, P.O. - Pandariya,
P.S. - Simra, Anchal - Kutumba, District - Aurangabad.
8. Shiv Yadav, S/o Lakhan Yadav, R/o Village Chilliaawa, P.O. Pandariya, P.S.
Simra, Anchal Kutumba, District -Aurangabad.
9. Lakhan Yadav, s/o late Indradeo Yadav R/o Village Chilliaawa, P.O.
Pandariya, P.S. Simra, Anchal - Kutumba, District - Aurangabad.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary Department of Revenue
and Land Reforms, Government of Bihar, Patna.
2. The District Magistrate-cum-Collector, Aurangabad, District - Aurangabad.
3. The Additional Collector, Aurangabad.
4. The Sub-Divisional Officer, Sub-Division, Aurangabad.
5. The Circle Officer, Circle Kutumba, District Aurangabad.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anirudh Kumar Verma
For the Respondent/s : Mr. Sunil Kumar Mandal, Standing Counsel (03)
Ms. Bittu Kumari, AC to SC-3
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 04-05-2026 Heard learned counsel for the petitioners and
learned counsel for the respondents.
2. In view of the statement made by the learned
Patna High Court CWJC No.19534 of 2025(2) dt.04-05-2026
2/3
counsel for the petitioner, defect pointed out by the Office is
ignored.
3. The instant writ application has been filed for
removal of encroachment over public land appertaining to Khata
No. 84, Plot No. 886 (Public Land) and Government Pain
(Minor Irrigation Sources) appertaining to Khata No. 84, Plot
No. 860, situated at Mauza Simra, Circle Kutumba
(Aurangabad). It is alleged that no action has been taken under
the Bihar Public Land Encroachment Act, 1956, despite
measurement and issuance of several notices.
4. Learned counsel for the petitioner, referring to
Annexure-P/4 issued by the Circle Officer, Kutumba, submits
that the names of the persons mentioned in the notice indicate
that proceedings for removal of encroachment were initiated.
However, despite notice being issued in the year 2024, dated
05.01.2024 directing appearance on 30.04.2024, the matter has
not been brought to a logical conclusion to date.
5. On the other hand, learned counsel for the State
submits that appropriate directions may be issued to the Circle
Officer, Kutumba, to initiate proceedings under the Bihar Public
Land Encroachment Act, 1956, and after providing an
opportunity of hearing to all affected parties, a final decision
Patna High Court CWJC No.19534 of 2025(2) dt.04-05-2026
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may be taken in accordance with the procedure prescribed under
the statute.
6. Considering the submissions of the parties, the
petitioners are directed to file a fresh representation before the
Circle Officer, Kutumba, within a period of two weeks from
today. Upon receipt of the same, the Circle Officer shall
examine the matter with reference to the revenue records, and if
the land is found to be public land, he shall initiate
encroachment proceedings. After hearing the parties and upon
finding that the land is under encroachment, necessary steps
shall be taken to make the land encroachment-free within a
period of six months from the date of receipt of the
representation.
7. With the aforesaid observations and directions, the
instant writ application stands disposed of.
(Ajit Kumar, J)
shikha/-
U
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