Patna High Court
Awadhesh Kumar MishraversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANIL KUMAR SINHA
Holding
No demolition may be undertaken until the Circle Officer passes a final order after hearing the petitioners, as required by the Land Encroachment Act.
Summary
Awadhesh Kumar Mishra and Amresh Mishra purchased land in Darbhanga in 1989 and constructed a residential house. An encroachment case (No. 1001/2024-25) was filed against them and a notice under Section 3 of the Bihar Public Land Encroachment Act, 1956 was served. The petitioners objected to the notice, but the Circle Officer had not yet issued a final order under Section 6(2) of the Act, and officials threatened demolition of their house. The petitioners sought a writ restraining demolition until a final order is passed, while the State argued that the final order is pending and must be issued after due consideration. The High Court directed the Circle Officer to hold a hearing, pass a final order in accordance with law within a reasonable time, and prohibited any demolition until such order is made.
Issues considered
- Whether demolition of the petitioners' structure can be carried out without a final order under Section 6(2) of the Bihar Public Land Encroachment Act, 1956.
- Whether the authorities are obligated to pass a final order after hearing the petitioners before taking any demolition action.
Legislation cited
- Bihar Public Land Encroachment Act, 1956 — s. 3, 6(2)
Subjects
- land encroachment
- demolition
- final order
- public land
- writ jurisdiction
- property rights
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.348 of 2025
======================================================
1. Awadhesh Kumar Mishra Son of Late Maheshwar Mishra, Resident of Ward
No. 06, Lakshmipur Pator, P.S.- Pator, District- Darbhanga.
2. Amresh Mishra @ Amresh Kumar Mishra, Son of Late Maheshwar Mishra,
Resident of Ward No. 06, Lakshmipur Pator, P.S.- Pator, District-
Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar through Principle Secretary, Land Revenue Department,
Bihar.
2. The District Magistrate, Dharbhanga.
3. The Circle Officer, Hayaghat, Dharbhanga.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Kumar Sharma, Advocate
Mr. S.M. Shudhanshu, Advocate
Mr.Sanjay Kumar Tiwari
For the Respondent/state : Mr. Subhash Pd Singh, Government Advocate (3)
Mr. Dilip Kumar, AC to GA 3
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 09-02-2026 1. Learned counsel for the petitioners submits that
petitioners purchased a piece of land, details of which are
mentioned in paragraph nos. 4 & 5 of the writ application by
virtue of sale deed dated 28.02.1989. After purchase of the land
in question they constructed their residential house. An
encroachment case was initiated against the petitioners bearing
Encroachment Case No. 1001 / 2024-25 and notice under
Section 3 of the Bihar Public Land Encroachment Act, 1956 (for
short “Land Encroachment Act”) was served upon the
petitioners. The petitioners submitted their reply / objection to
Patna High Court CWJC No.348 of 2025(2) dt.09-02-2026
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the Circle Officer, Hayaghat, Darbhanga but no final order has
been passed by the Circle Officer, Hayaghat, Darbhanga. It has
also been submitted that officials from the respondent
authorities arrived at the plot in question and threatened the
petitioners that their structure / houses would be demolished.
Accordingly, submission is that without considering the
objection and without passing final order under Section 6(2) of
the Land Encroachment Act, the authorities are not permitted to
demolish the structure of the petitioners.
2. On the other hand, learned counsel for the State submits
that final order has not yet been passed and the authorities are
duty bound to consider the objection / explanation and shall pass
final order in accordance with law within a reasonable time
frame.
3. Having heard learned counsel for the parties, considering
the nature of dispute and the fact that final order in
Encroachment Case No. 1001 / 2024-25 lodged against the
petitioners has not been passed by the respondent no. 3 -Circle
Officer, Hayaghat, Darbhanga, accordingly, this writ application
is disposed with a direction to the Circle Officer, Hayaghat,
Darbhanga to pass final order in accordance with law after
giving opportunity of hearing to the petitioners and all
Patna High Court CWJC No.348 of 2025(2) dt.09-02-2026
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concerned within a reasonable time frame.
4. It is made clear that till final order is passed in
Encroachment Case No. 1001 / 2024-25 , no steps shall be taken
by the respondent authorities for demolition of the houses /
structures of the petitioners.
(Anil Kumar Sinha, J)
praful/-
U
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