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Patna High Court

Sahadur ChoudharyversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The order dated 21‑09‑2018 is quashed and the petition is disposed, allowing the respondents to institute fresh proceedings.

Summary

The petitioner, Sahadur Choudhary, challenged two notices issued by the Circle Officer of Manjha alleging encroachment of his land and directing him to remove the alleged encroachment. He sought quashing of the notices, a mandamus directing the officials to measure his land at his cost, and other reliefs. The respondents, representing the State, admitted that the notice dated 21‑09‑2018 was issued without the requisite order under Section 6(1) of the Encroachment Act, 1956 and apologized for the procedural lapse. The Court held that the notice was procedurally defective and therefore invalid. Consequently, the order dated 21‑09‑2018 was quashed and the petition was disposed, with liberty granted to the respondents to institute fresh proceedings in accordance with law.

Issues considered

  • Whether the notice dated 21‑09‑2018 issued by the Circle Officer is valid under Section 6(1) of the Encroachment Act, 1956
  • Whether the petitioner is entitled to a mandamus directing measurement of his land at his own cost
  • Whether the High Court can quash the notice and direct the respondents to initiate fresh encroachment proceedings

Subjects

  • land encroachment
  • certiorari
  • mandamus
  • procedural lapse
  • public road
  • rai‑yati land
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.21731 of 2018
                  ======================================================
                  Sahadur Choudhary S/o Dharmi Choudhary, R/o Village- Indarwa P.S. Thawe,
                  Anchal Manjha, District Gopalganj.

                                                                                         ... ... Petitioner/s
                                                         Versus
            1.    The State Of Bihar
            2.    The Commissioner, Saran Division at Chapra, District Saran at Chapra.
            3.    The Collector, District Gopalganj.
            4.    The Sub Divisional Officer, District- Gopalganj.
            5.    The Circle Officer, Manjha, District Gopalganj.
            6.    The Block Development Officer, Block Manjha, District Gopalganj.
            7.    The Anchal Amin, Anchal Manjha, District Gopalganj.

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s   :         Mr.Shailendra Kumar Dwivedi, Advocate
                  For the Respondent/s   :
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                        ORAL ORDER

11   19-02-2026                 Heard Mr. Shaildendra Kumar Twivedi, learned

                    counsel for the petitioner. The State is unpresented.

                                2. The present petition has been preferred for the

                    following relief/s:

                                             (i)   for        issuance    of        an      appropriate

                                             writ/order/direction including the writ in the

                                             nature      of     certiorari     to        quashing      the

                                             impugned          notice    dated       21.09.2018         as

                                             contained in Annexure-3 issued under the

                                             signature of Circle Officer Manjha, Distt

                                             Gopalganj i.e. respondent no. 5 by which
Patna High Court CWJC No.21731 of 2018(11) dt.19-02-2026
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                                  without initiating any land Encroachment

                                  Case he holds that petitioner encroached 1

                                  dhurs of rasta pertaining to Thana No, 106,

                                  Khata No. 75, Khesra No. 265 situated

                                  village-     Indarwa,       P.S.   Thawe,    Anchal

                                  Manjha, Distt Gopalganj and directed the

                                  petitioner to file at his show-cause reply;

                                  (ii)   for       issuance    of    an    appropriate

                                  writ/order/direction including the writ in the

                                  nature             of         mandamus            to

                                  commanding/directing               the       official

                                  respondents to measure the lands of the

                                  petitioner at his own cost pertaining to

                                  Khata No. 73, Khesra No. 316, Area 16

                                  dhurs situated at Village Indarwa, P.S.

                                  Thawe, official Dist-Gopalganj because

                                  respondents        themselves      constructed   the

                                  village internal road upon the lands of the

                                  petitioner on mutual consent and now

                                  harassing the petitioner;

                                  (iii) for issuance of an appropriate writ in

                                  the nature of certiorari for quashing
Patna High Court CWJC No.21731 of 2018(11) dt.19-02-2026
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                                  impugned notice dated 15.10.2018 issued

                                  under the signature of respondent no. 5 i.e.

                                  the Circle Officer, Manjha, Dist Gopalganj

                                  by which directed the petitioner to remove

                                  his alleged encroachment till 25.10.2018

                                  from the land pertaining to Thana No. 106,

                                  Khata No. 75, Khesra No. 265 of Village

                                  Indarwa, P.S., Thawe, District Gopalganj;

                                  (iv) for grant of other relief(s) in the facts

                                  and circumstances of the case.

                       3. Learned counsel for the petitioner straight away

          taken this Court to the counter affidavit filed on behalf of

          respondent nos. 03 to 05 duly signed by the Circle Officer,

          Manjha, Gopalganj with specific reference to paragraphs 10 and

          11 which read as follows:

                                              10. that it is humbly reiterated that

                                              first, no order requisite under

                                              section 6(1) of the Act, 1956 has

                                              been passed pertaining to land in

                                              question by the then Circle Officer

                                              in           Encroachment      Case

                                              No.01/2018-19, which is highly
Patna High Court CWJC No.21731 of 2018(11) dt.19-02-2026
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                                                 regrettable; as a result, the same

                                              could not be placed on record

                                              before the Hon'ble Court, second,

                                              currently a public rural road, is

                                              running through Khesra No.265

                                              and 336 which is also passing

                                              through North-East part of Khesra

                                              No.316 upon 0-0-1.5 dhurs, which

                                              is a Raiyati land of the petitioner;

                                              11.that the answering respondent

                                              No.5 do hereby tenders apology

                                              for unintentional and accidental

                                              act of omission done by the then

                                              Circle       Officer,    Manjha.       The

                                              incumbent Circle Officer, Manjha

                                              craves leave of the Hon'ble High

                                              Court        to   institute    a      fresh

                                              Encroachment Case upon the land

                                              in    question     and      assures    the

                                              Hon'ble High Court for abiding

                                              the      due      process     and      the

                                              procedures laid down in the Act,
         Patna High Court CWJC No.21731 of 2018(11) dt.19-02-2026
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                                                       1956.

                                4. When the State respondent have themselves

                   recorded that there has been error and they be allowed

                   opportunity to move in accordance with law, nothing remains.

                                5. The order dated 21.09.2018 passed by the Circle

                   Officer Manjha, Distt Gopalganj, respondent no. 5 stands

                   quashed.

                                6. The writ petition is disposed of granting liberty to

                   the respondents to act afresh in the matter.



                                                 (Rajiv Roy, J)
Ravi/-

U


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