Patna High Court
Mithilesh Kumar ChoudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
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
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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
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