Patna High Court
Ram Lagan Prasad @ Ram Lagan ChauhanversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The encroachment proceeding under the Bihar Public Land Encroachment Act, 1956 is quashed as the Jamabandi was not cancelled and due process was not observed.
Summary
The petitioner, Ram Lagan Prasad, owned a parcel of land (Khata No. 48, Khesra No. 63) for several decades and held a valid Jamabandi. In 2016, the Sub‑Divisional Public Grievance Redressal Officer ordered the cancellation of the Jamabandi without issuing any notice to the petitioner or conducting an inquiry, and later a notice under Section 3 of the Bihar Public Land Encroachment Act, 1956 was issued to start encroachment proceedings while the Jamabandi remained in the petitioner’s name. The petitioner contended that no cancellation of the Jamabandi had been effected and that encroachment proceedings could not lawfully commence until the Jamabandi was extinguished. The State failed to file a reply or show any recommendation for cancellation to the Additional Collector. The High Court held that, in the absence of any cancellation order or notice, the encroachment proceeding was invalid and quashed it, disposing of the writ petition.
Issues considered
- Whether the cancellation of the Jamabandi without notice and inquiry is valid.
- Whether encroachment proceedings under the Bihar Public Land Encroachment Act, 1956 can be initiated while the Jamabandi remains in the petitioner's name.
- Whether the State complied with procedural requirements of natural justice in issuing the encroachment notice.
Legislation cited
Subjects
- Jamabandi
- land encroachment
- public grievance redressal
- due process
- certiorari
- Bihar Public Land Encroachment Act
- cancellation of land records
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20354 of 2018
======================================================
Ram Lagan Prasad @ Ram Lagan Chauhan Son of Late Dhanpat Prasad,
Resident of House No. 47, Village- Mahamada, P.O.- Kuseri, Dumri, Kusheri,
Sheikhpura, Bihar.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Joint Secretary, Revenue and Land Reforms Department, Government
of Bihar, Patna.
3. The Deputy Collector, Sheikhpura.
4. The Deputy Collector Land Reforms, Munger, Bihar.
5. The Sub Divisional Public Grievance Redressal Authority, Sheikhpura.
6. The Circle Officer, Barbigha.
7. The Officer on Special Duty Vigilance In-Charge, Revenue and Land
Reforms Department, Government o
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kunal Tiwary, Advocate
For the State : Mr. Rishi Raj Sinha, SC-19
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 06-01-2026 Heard Mr. Kunal Tiwary, learned counsel for the
petitoner and Mr. Manoj Kumar Sinha, learned AC to SC-19
representing the State.
2. The present petition has been preferred for the
grant of following relief(s):
“(i) for issuance of an appropriate
writ/writs, order/orders, direction/directions in
the nature of certiorari for setting aside the
Patna High Court CWJC No.20354 of 2018(2) dt.06-01-2026
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order dated 26.09.2016 issued by the Sub-
Divisional Public Grievance Redressal
Authority, Sheikhpura who have recommended
for cancellation of the Jamabandi of the
petitioner on the land having Khata No. 48,
Khesra No. 63 without issuing notice to the
petitioner or without making any inquiry with
regard to the genuineness of the complaint made
against the petitioner with regard to the said
land.
(ii) for issuance of an appropriate
writ/writs, order/orders, direction/directions in
the nature of certiorari for setting aside the
notice dated 01.09.2018 issued under the
signature of Circle Officer, Barbigha who have
initiated proceeding against the petitioner under
Bihar Public Land Encroachment Act, 1956 by
issuing notice under section 3 of the Act without
cancellation of the Jamabandi issued in favour
of the petitioner on the land in question.
(iii) for any other relief/reliefs for
which the petitioner is entitled to.”
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3. The matter relates to a piece of land having Khata
No. 48, Khesra No. 63 (area 6 decimal) in the village-Mahmada,
Sheikhpura. Jamabandi was created with regard to the said land
and the family is enjoying the fruits of the said land since last
several decades.
4. Subsequently, three sealed envelopes arrived at the
desk of Sub-Divisional Public Grievance Redressal Officer,
Sheikhpura, complaining that on a ‘gair-majarua’ land, the
petitioner has constructed a building causing problem to the
villagers as the rain water are now entering their houses.
5. The matter was taken up by the Sub-Divisional
Public Grievance Redressal Officer, Sheikhpura, on 26.09.2016
wherein he took note of the fact that three signatories to the
petitions, namely, Umesh Chauhan, Ashok Chauhan and
Sudama Kumar informed that they have only signed the
document but do not know its content as also reply of the Circle
Officer, Barbigha, wherein it was informed that the petitioner is
having ‘Jamabandi’ of the said land and steps have been taken to
recommend the cancellation of the said ‘Jamabandi’ before the
Additional Collector, Sheikhpura.
6. Accordingly, the concerned officer directed the
Circle Officer to act with regard to the cancellation of
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‘Jamabandi’ as also removal of encroachment in accordance
with law (Annexure-4 to the petition).
7. Further, the case of the petitioner is that two years
later, suddenly he received a notice relating to encroachment
case no. 04 of 2018-19 (Annexure-5 to the petition) for removal
of encroachment. A prompt reply was given (Annexure-7 to the
petition) duly received on 07.09.2018 by the office in which he
detailed out the entire facts and further informed that until the
‘Jamabandi’ is continuing in their name, the encroachment
proceeding cannot be initiated.
8. The contention of the petitioner is that though no
further step was taken by the Circle Officer, Barbigha after the
notice issued by him, apprehending the forceful eviction in the
garb of encroachment drive, the writ petition was filed.
9. Two copies of the writ petition were served upon
the learned State counsel in the year 2018 before it was filed.
Today, on call and on the point raised by the petitioner that
without the cancellation of ‘Jamabandi’, encroachment
proceeding cannot be initiated, instead of providing proper
reply, it has been informed by learned State counsel that no
instruction has been received.
10. The Public Grievance Redressal Officer,
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Sheikhpura in his order dated 26.09.2016 had taken note of the
contention of the Circle Officer, Barbigha that they are taking
steps for recommending cancellation of ‘Jamabandi’ before the
Additional Collector, Sheikhpura. However, there is nothing on
record to show whether any step was taken for the said
recommendation before the encroachment proceeding was
initiated in the year 2018.
11. Learned counsel for the petitioner submits that he
has received only one notice i.e. the matter relating to
encroachment proceeding and no other notice relating to
‘Jamabandi’ cancellation has been received.
12. As recorded above, two copies were served eight
years ago, there is no reply of the respondents. The contention
of the petitioner has to be taken into account that when the
‘Jamabandi’ is running in his name, unless the same comes to an
end in accordance with law, no encroachment proceeding can be
initiated.
13. Accepting the contention of the petitioner that no
recommendation for ‘Jamabandi’ cancellation has been made to
the Additional Collector, Sheikhpura nor he has received any
notice coupled with the fact that the State respondents have
failed to file any reply, the Encroachment proceeding no. 04 of
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2018-19 (Annexure-5) stands quashed.
14. The writ petition is disposed of with the aforesaid
observation.
(Rajiv Roy, J)
vinayak/-
U
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