Patna High Court
Rajkumar BhagatversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANIL KUMAR SINHA
Holding
The petitioners must first appeal to the Collector under Section 11 of the Bihar Public Grievance Redressal Act, 2015, and demolition is stayed pending that appeal.
Summary
The petitioners, a group of landowners who pay rent to the State, challenged a final notice issued by the Circle Officer directing removal of an alleged encroachment on land Khata No. 199, Plot No. 636. They contended that no notice under Section 3 of the Bihar Public Grievance Redressal Act, 2015 was served, depriving them of a chance to be heard, thus violating natural justice. The State argued that the petitioners could appeal the notice to the Collector under Section 11 of the same Act. The Court held that the petitioners must first avail the statutory appeal to the Collector and stayed any demolition until the appeal is decided. Accordingly, the petitioners were directed to file the appeal within one month, and the Collector was instructed to hear the matter and pass a reasoned order within four months.
Issues considered
- Whether the final notice and encroachment order violated principles of natural justice by failing to serve notice under Section 3 of the Bihar Public Grievance Redressal Act, 2015.
- Whether the petitioners have a statutory remedy to appeal to the Collector under Section 11 of the Act.
- Whether the court should stay demolition of the alleged encroachment pending the outcome of the appeal.
Subjects
- encroachment
- public grievance redressal
- natural justice
- stay order
- statutory remedy
- land revenue
- writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.397 of 2026
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1. Rajkumar Bhagat S/o Ramlal Bhagat R/o Village - Kheshar, Post- Kheshar,
P.S. - Kheshar/Belhar, District- Banka, Bihar.
2. Jagdish Bhagat S/o Mahadeo Bhagat, R/o Village - Kheshar, Post- Kheshar,
P.S. - Kheshar/Belhar, District- Banka, Bihar.
3. Dipak Bhagat @ Dipak Kumar Bhagat S/o Ramikbal Bhagat, R/o Village -
Kheshar, Post- Kheshar, P.S. - Kheshar/Belhar, District- Banka, Bihar.
4. Ram Nivas Bhagat S/o Late Sahdeo Bhagat, R/o Village - Kheshar, Post-
Kheshar, P.S. - Kheshar/Belhar, District- Banka, Bihar.
5. Pradeep Sah S/o Shyam Sunder Sah, R/o Village - Kheshar, Post- Kheshar,
P.S. - Kheshar/Belhar, District- Banka, Bihar.
6. Lalmuni Devi, D/o-Late Rajkumar Bhagat, W/o - Late Ram Kumar Bhagat
R/o Village - Kheshar, Post- Kheshar, P.S. - Kheshar/Belhar, District- Banka,
Bihar.
7. Shivshankar Bhagat S/o-Late Raghuvir Bhagat, R/o Village - Kheshar, Post-
Kheshar, P.S. - Kheshar/Belhar, District- Banka, Bihar.
8. Rupesh Bhagat S/o Late Raghuveer Bhagat, R/o Village - Kheshar, Post-
Kheshar, P.S. - Kheshar/Belhar, District- Banka, Bihar.
9. Rita Devi W/o Jaykishore Bhagat, R/o Village - Kheshar, Post- Kheshar, P.S.
- Kheshar/Belhar, District- Banka, Bihar.
10. Uday Bhagat S/o Late Sushil Bhagat, R/o Village - Kheshar, Post- Kheshar,
P.S. - Kheshar/Belhar, District- Banka, Bihar.
11. Ranjana Devi D/o -Ramikbal Bhagat, R/o Village - Kheshar, Post- Kheshar,
P.S. - Kheshar/Belhar, District- Banka, Bihar.
12. Arvind Prasad Bhagat S/o Mahadeo Prasad Bhagat, R/o Village - Kheshar,
Post- Kheshar, P.S. - Kheshar/Belhar, District- Banka, Bihar.
13. Prince Kumar Bhagat S/o- Rajkumar Bhagat, R/o Village - Kheshar, Post-
Kheshar, P.S. - Kheshar/Belhar, District- Banka, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Revenue and Land
Reforms Department, Government of Bihar, Patna.
2. The District Magistrate, Banka.
3. The Sub Divisional Officer cum Public Grievance Redressal Officer, Banka,
District Banka.
4. The Circle Officer, Phullidumar, P.S. - Phullidumar, District -Banka.
5. Ashok Kumar Singh S/o Kesab Prasad Singh, R/o Village Kheshar, Post
Kheshar, P.S. Kheshar/ Belhar, District Banka, Bihar.
... ... Respondent/s
======================================================
Appearance :
Patna High Court CWJC No.397 of 2026(3) dt.20-01-2026
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For the Petitioner/s : Mr.Rounak Sinha
For the Respondent/s : Mr. Y. P. Sinha, AAG 7
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 20-01-2026 1. Heard learned Counsel for the parties concerned.
2. The petitioners have filed the present writ application
being aggrieved by the final notice, dated 08.12.2025
(Annexure 4 series), issued by the Circle Officer,
Phullidumur, Banka, in Encroachment Case No. 03 of
2024-25, by which the petitioners have been directed to
remove the encroachment upon the land situated at Khata
No. 199, plot no. 636.
3. Learned Counsel for the petitioners submits that the
petitioners are the owners of their respective pieces of
land and have been paying rent to the State Government,
copies of which have been annexed as Annexure 1 series.
4. The respondent no. 5 filed a complaint under the Bihar
Public Grievance Redressal Act, 2015 (in short, ‘2015
Act’) before the Sub Divisional Officer, Banka, and
without giving any notice to the petitioners, the
measurement was done and report of the Circle Officer
was submitted, in which it has been stated that the
Government land/Hat, situated upon Khata No. 199, Plot
No. 636, having a total area of 30 decimals, has been
Patna High Court CWJC No.397 of 2026(3) dt.20-01-2026
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encroached by the encroachers and accordingly the Sub
Divisional Officer, Banka, has directed for initiation of
encroachment proceeding, upon which Encroachment
Case No. 05 of 2023-24 was initiated by the Circle
Officer, Phullidumur, Banka.
5. Learned Counsel next submits that no notice under
Section 3 of the 2015 Act was served upon the petitioners
and the petitioners were not given any opportunity to
submit their replies. The final notices, under Prapatra I
and Prapatra II for demolition, were only served upon the
petitioner, which have been challenged in the present writ
application. The order passed by the Circle Officer and
the impugned notices are violative of principles of natural
justice.
6. Learned Counsel for the State submits that the petitioners
have the remedy before the Appellate Authority, i.e. the
Collector, Banka, under Section 11 of the 2015 Act and
the petitioners may prefer appeal before the Collector,
Banka, against the impugned notices and the final order
passed by the Circle Officer, Phullidumur.
7. Considering the rival submissions of the parties and the
nature of dispute, the petitioners are directed to prefer
Patna High Court CWJC No.397 of 2026(3) dt.20-01-2026
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appeal before the Collector, Banka, within a period of one
month from today and if such an appeal is filed by the
petitioners, the Collector, Banka, shall consider the same
on its own merit and shall pass a reasoned and speaking
order after calling for the records of Encroachment Case
No. 03 of 2024-25 and giving opportunity of hearing to
the petitioners and all other concerned within a period of
four months from the date of filing of the appeal.
8. Till the appeal is finally disposed by the Collector, Banka,
there shall be no demolition/removal of the encroachment
from the subject land.
9. With the aforesaid observation and direction, this writ
application is disposed.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
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