Created by Fuzzy Cloud

Patna High Court

Mithilesh Kumar ChoudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court directed the District Magistrate to adjudicate the pending appeal within six weeks and ordered the status quo to be maintained.

Summary

Mithilesh Kumar Choudhary filed a writ petition seeking a direction to the Collector to dispose of his pending Land Encroachment Appeal No. 06 of 2024, filed under Section 11 of the Bihar Public Land Encroachment Act, 1956. The petitioner alleged that the Circle Officer was threatening to evict him from the disputed land while the appeal remained pending before the District Magistrate. The State argued that the appellate authority should be directed to decide the appeal within a reasonable time. The High Court ordered the District Magistrate to adjudicate the appeal within six weeks of receipt of the order and directed that the status quo be maintained in the underlying encroachment case until disposal. The writ petition was thereafter disposed of on those terms.

Issues considered

  • Whether the appellate authority (District Magistrate) should be directed to dispose of the pending land encroachment appeal within a specified time.
  • Whether a status‑quo order is appropriate pending adjudication of the appeal.

Legislation cited

Subjects

  • land encroachment
  • writ petition
  • Section 11
  • status quo
  • appellate authority
  • Bihar Public Land Encroachment Act
  • civil writ jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.19767 of 2025
                 ======================================================
                 Mithilesh Kumar Choudhary Son of Digambar Chaudhary, Resident of House
                 No. B-92, Kankarbagh Housing Colony, P.S. Kankarbagh, District- Patna.
                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through the Additional Chief Secretary, Department of
                 Revenue and Land Reforms, Government of Bihar, Patna.
           2.    The Collector-cum-District Magistrate, Darbhanga.
           3.    The Deputy Collector Land Reforms, Darbhanga.
           4.    The Circle Officer, Kusheshwar Sthan, Darbhanga.
           5.    Jiwach Jha, Son of Late Ramroop Jha, Village Haruali, Kusheshwar Sthan,
                 Darbhanga.
                                                                          ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Suryakant Kumar, Advocate
                 For the Respondent/s   :       Mr. Government Pleader (03)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   21-04-2026                    Heard learned counsel for the petitioner and learned

                   counsel for the State.

                                2. The writ petition has been filed for the following

                   reliefs :-

                                            “For issuance of appropriate writ/writs,
                                  order / orders, direction / directions to the
                                  respondent No. 2 to dispose of Land Encroachment
                                  Appeal No. 06 of 2024 (Mithilesh Kumar
                                  Chaudhary Vs. Anchal Adhikari Kusheshwar
                                  Asthan and Another) filed on 13-01-2024 and for
                                  any other relief/s for which the petitioner is found
Patna High Court CWJC No.19767 of 2025(2) dt.21-04-2026
                                           2/3




                          to be entitled in the facts and circumstances of the
                          case.”


                      3. Learned counsel for the petitioner submits that

          against the order passed by the Circle Officer, Kusheshwar

          Sthan, Darbhanga in Encroachment Case No. 42 of 2022-2023,

          the petitioner is said to have filed an appeal under Section 11 of

          Bihar Public Land Encroachment Act, 1956 on 13.01.2024.

                      4. It is the case of the petitioner that during pendency

          of the appeal, the Circle Officer, Kusheshwar Sthan, Darbhanga,

          is threatening to evacuate this petitioner from the land in

          question for which the petitioner has preferred an appeal and for

          unexplained reason, the said appeal is not being adjudicated by

          the District Magistrate, Darbhanga.

                      5. On the other hand, learned counsel for the State

          submits that since an appeal bearing Land Encroachment Appeal

          No. 06 of 2024 filed by the petitioner is already pending before

          the District Magistrate, Darbhanga, an appropriate direction

          may be issued to the appellate authority for adjudicating the

          same by framing a timeline.

                      6. Considering the submissions of the parties, this

          Court finds it appropriate to direct the District Magistrate,

          Darbhanga to adjudicate the said appeal within a period of six
           Patna High Court CWJC No.19767 of 2025(2) dt.21-04-2026
                                                      3/3




                     weeks from the date of receipt/production of this order, if the

                     same has not yet been adjudicated till date. The orders so passed

                     shall be communicated to the petitioner after the disposal of the

                     case.

                                 7. Meanwhile, status quo in connection with

                     Encroachment Case No. 42 of 2022-202, shall be maintained till

                     the adjudication of the Encroachment Appeal pending before the

                     Appellate Authority.

                                 8. Accordingly the writ petition is disposed of in

                     above terms.



                                                  (Ajit Kumar, J)
sharun/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.