Patna High Court
Sahadur ChoudharyversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
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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,
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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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