Patna High Court

Jayjayram PanjiyarversusThe State of Bihar

Decided: 16 March 2026
Disposal: DISPOSED
Bench: AJIT KUMAR

Holding

The Court held that the District Magistrate must adjudicate the pending appeal within two weeks and that the status quo shall be maintained until such adjudication.

Summary

The petitioners, Jayjayram and Ramdhani Panjiyar, appealed an order of the Circle Officer, Beldaur, under Section 11 of the Bihar Public Land Encroachment Act, 1956, seeking relief from a threatened eviction. Their appeal, filed on 22‑09‑2025, remained pending before the District Magistrate, Khagaria, without adjudication. The petitioners contended that the Circle Officer was unlawfully threatening eviction while the appeal was pending. The State argued that the appeal was already before the District Magistrate and that a timeline should be set for its disposal. The Patna High Court directed the District Magistrate to decide the appeal within two weeks of receipt of the order and ordered that the status quo be maintained in the underlying encroachment case until the appeal is decided. The writ petition was thereafter disposed.

Issues considered

Whether the District Magistrate, as appellate authority, must adjudicate a pending appeal under Section 11 of the Bihar Public Land Encroachment Act, 1956 within a reasonable time.
Whether the status quo in the underlying encroachment proceeding should be maintained pending adjudication of the appeal.

Legislation cited

Bihar Public Land Encroachment Act, 1956 — s. 11

Subjects

public land encroachment
appeal
Section 11
status quo
administrative law
writ jurisdiction
district magistrate

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.2280 of 2026
                 ======================================================
           1.     Jayjayram Panjiyar S/o Zakasu Panjiyar, Residence of Village-Mali, Post-
                  Mali, Ward No.- 8, P.S.- Beldaur, District- Khagaria.
           2.    Ramdhani Panjiyar, S/o Zakasu Panjiyar, Residence of Village- Mali, Post-
                 Mali, Ward No.- 8, P.S.- Beldaur, District- Khagaria.
                                                                           ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
           2.    The Additional Chief Secretary, Road Construction Department, Bihar,
                 Patna.
           3.    The Collector, Khagaria.
           4.    The Additional Collector, Khagaria.
           5.    The Circle Officer, Beldaur in the District of Khagaria.
                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Robin Kumar, Advocate
                 For the Respondent/s   :      Government Pleader 4
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

3   16-03-2026                   Heard learned counsel for the petitioner and learned

                   counsel representing the Respondent-State.

                               2. Learned counsel for the petitioner submits that

                   against the order passed by the Circle Officer, Beldaur, District-

                   Khagaria in Encroachment Case No. 09 of 2023-2024, the

                   petitioner is said to have filed an appeal under Section 11 of

                   Bihar Public Land Encroachment Act, 1956 on 22.09.2025.

                               3. It is the case of the petitioner that during pendency

                   of the appeal, the Circle Officer, Beldaur 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, Khagaria.
             Patna High Court CWJC No.2280 of 2026(3) dt.16-03-2026
                                                         2/2




                                   4. On the other hand, learned counsel for the State

                       submits that since an appeal bearing Land Encroachment Appeal

                       No. 02/2025-26 filed by the petitioner is already pending before

                       the District Magistrate, Khagaria, an appropriate direction may

                       be issued to the appellate authority for adjudicating the same by

                       framing a timeline.

                                   5. Considering the submissions of the parties, this

                       Court finds it appropriate to direct the District Magistrate,

                       Khagaria to adjudicate the said appeal within a period of two

                       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.

                                   6.      Meanwhile, status quo in connection with

                       Encroachment Case No. 09/2023-24, shall be maintained till the

                       adjudication of the Encroachment Appeal pending before the

                       Appellate Authority.

                                   7. Accordingly the writ petition is disposed of in

                       above terms.


                                                                (Ajit Kumar, J)
    perwez

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