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Patna High Court

Sudhir MehtaversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                                      3/3




                     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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