Patna High Court
Intejar Ahmad,versusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANIL KUMAR SINHA
Holding
The final notice is not per se invalid; the petitioner must appeal to the Collector, and the court stays execution pending that appeal.
Summary
The petitioner, claiming ownership of land settled in his father's favour by a 1964 jamabandi, challenged a final notice dated 01‑12‑2025 issued by the Circle Officer under the Bihar Public Land Encroachment Act that declared him an encroacher and ordered vacating the land. He argued that the land is private (rayati) and that he was denied a hearing, violating natural justice. The State contended that the final notice is appealable under Section 11 of the Act and that the petitioner must seek relief from the Collector. The Court held that the statutory remedy of appeal to the Collector remains available and directed that the petitioner may file such an appeal, with a stay on any removal action pending the Collector's decision. Consequently, the writ application was disposed, granting a stay and liberty to appeal, but not quashing the final notice.
Issues considered
- Whether the final notice under Section 6(2) of the Bihar Public Land Encroachment Act can be quashed on the ground of lack of hearing and violation of natural justice.
- Whether the petitioner is entitled to a stay of execution of the notice pending appeal.
- Whether the petitioner must avail the statutory remedy of appeal to the Collector under Section 11 of the Act.
Subjects
- encroachment
- public land
- rayati land
- jamabandi
- natural justice
- stay of execution
- appeal
- civil writ jurisdiction
- land dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20293 of 2025
======================================================
Intejar Ahmad, Son of Late Abdul Haque, Resident of Village-
Mohammadpur, P.O. Barashankar, P.S. Patahi, District- East Champaran,
Bihar-845457.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Revenue and Land
Reforms Department, Govt. of Bihar, Patna.
2. The District Magistrate, East Champaran, Bihar.
3. The Sub Divisional Officer, Sub Division- Pakaridayal, P.S. Patahi, District-
East Champaran, Bihar.
4. The Circle Officer, Patahi, East Champaran, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vikas Ratan Bharti, Advocate
Mr. Zaki Haider, Advocate
Mr. Deepak Kumar, Advocate
Mr. Kumar Abhishek, Advocate
For the State : Ms. Anuradha Singh, SC-21
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 19-01-2026 Heard learned counsel for the parties concerned.
2. The petitioner has filed the present writ application
for quashing the final notice dated 01.12.2025 issued by the
Circle Officer, Patahi, East Champaran, in Encroachment Case
No. 02/2021-22 directing the petitioner to remove encroachment
from the public land situated in village Barashankar, Thana No.
171, P.S-Patahi, District, East Champaran, having Khata No.
460, Plot No. 2894, 2813, 2893, and 2893, with areas of 7.7
Patna High Court CWJC No.20293 of 2025(3) dt.19-01-2026
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decimal, 0.8 decimal, and 7.3 decimal, respectively.
3. Learned counsel for the petitioner submits that the
petitioner, along with his family members, is the owner of the
land in question, which was settled by the original landlord,
namely, late Abdul Haque, in favour of the father of the
petitioner. The jamabandi of the land was created in the year
1964 in the name of petitioner’s father, having jamabandi no.
1245, the rent receipt is being paid since 1964-65. A notice
under Section 3 of the Bihar Public Land Encroachment Act was
issued on 07.04.2025 in Encroachment Case No. 02/2021-22,
and in response thereto, the petitioner submitted his reply dated
25.04.2025, taking the stand that the land in question is not the
public land and is a rayati land for which jamabandi was created
in favour of the petitioner’s father long back in 1964. Suddenly,
the petitioner was served with the impugned final notice under
Section 6(2) dated 01.12.2025, by which the petitioner has been
declared an encroacher and has been directed to vacate the land
in question.
4. Learned counsel for the petitioner further submits
that the residential house of the petitioner is situated on the
subject land in which he is residing along with his family
members. Before issuance of the impugned final notice, no
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opportunity was ever given to the petitioner to appear and place
his case before the Circle Officer, and the final order has been
passed behind the back of the petitioner in violation of the
principle of natural justice. Even a copy of the final order has
not been made available to the petitioner by the concerned
respondent.
5. Learned counsel for the State submits that final
notice is appealable before the Collector under Section 11 of the
Bihar Public Land Encroachment Act; the petitioner can avail
the remedy of appeal before the Collector.
6. Considering the submissions made by the parties
and the fact that final notice under Section 6(2) has been served
upon the petitioner, the present writ application is disposed with
liberty to the petitioner to challenge the final order and/or final
notice dated 01.12.2025 before the Collector of East
Champaran, Motihari, and if such an appeal is filed by the
petitioner, the District Collector shall call for the record of
Encroachment Case No. 02/2021-22 and shall pass a
reasoned/speaking order after giving a personal hearing to the
petitioner within a reasonable time frame.
7. It is made clear that till the appeal is disposed by
the District Collector, East Champaran, Motihari, the operation
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of the impugned notice dated 02/2021-22 at Annexure 5 shall
remain stayed, and the petitioner shall not be removed from the
land in question.
8. Accordingly, with the aforesaid direction, the
present application stands disposed of.
(Anil Kumar Sinha, J)
Siwani/-
U
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