Patna High Court
Babulal SaoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The writ petition is dismissed and the Circle Officer, Sikandra is directed to initiate encroachment proceedings as ordered by the Collector.
Summary
Petitioners Babulal Sao and Ashok Choudhary claimed possession of four decimals each of land (Khata No. 1280, Plot No. 454) and sought to quash a tender notice for a self‑employment scheme and to restrain interference with their possession. The State of Bihar, the District Collector, the Zila Parishad and other officials were respondents. The Collector, after hearing the parties, found that the petitioners had produced no documentary proof of title and directed the Circle Officer, Sikandra to initiate encroachment proceedings under the Bihar Public Land Encroachment Act, 1956. The High Court noted the Collector’s reasoned order, the unanimity of the parties that encroachment proceedings should proceed, and dismissed the writ petition, directing the Circle Officer to act within two weeks and to complete the matter by 30 June 2026. The court also disposed of pending interlocutory applications.
Issues considered
- Whether the petitioners are entitled to possession of the disputed land without encroachment proceedings.
- Whether the tender notice for the self‑employment scheme violates the earlier judgment of 20‑08‑1998.
- Whether the court should issue writs of certiorari or mandamus against the respondents.
- Whether the Circle Officer is mandated to initiate encroachment proceedings under the Bihar Public Land Encroachment Act, 1956.
Legislation cited
Subjects
- encroachment
- public land
- writ of certiorari
- mandamus
- self‑employment scheme
- land possession
- Bihar Public Land Encroachment Act
- judicial review
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4135 of 2024
======================================================
1. Babulal Sao S/o Late Rupchand Sao, R/o Sikandra, P.S. Sikandara, District -
Jamui.
2. Ashok Choudhary, S/o Late Jagdish Choudahry, R/o Sikandra, P.S.
Sikandara, District - Jamui.
... ... Petitioner/s
Versus
1. The State of Bihar through Chief Secretary, Old Secretariat, Patna.
2. The District Collector, Jamui.
3. Chief Executive Officer, Zila Parishad, Jamui, District - Jamui.
4. Circle Officer, Sikandra, At P.O. and P.S. - Sikandra.
5. Sub-Divisional Officer, Jamui, At Jamui, District- Jamui.
6. Smt. Dulari Devi, Chairman, Zila Parishad, Jamui, At Jamui, District- Jamui.
7. Upendra Ram Son of Ram Swarup Ram, Resident of Mohalla - Jamui Road,
Near Kila, P.S. - Sikandara, District- Jamui.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Prasad Singh, Sr. Advocate
Mr. Vaibhava Veer Shanker, Advocate
For the Resp no. 3 : Mr. Anwar Karim, Advocate
For the Resp nos. 6 & 7 : Mrs. Archana Shahi, Sr. Advocate
Mr. Swarna Ray, Advocate
For the Respondent/s : Mr. Saroj Kumar, AC to SC-15
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
7 27-04-2026 Heard Mr. Umesh Prasad Singh, learned Senior
counsel for the petitioners through video conferencing duly
assisted by Mr. Vaibhava Veer Shanker, Mrs. Archana Shahi,
learned Senior counsel for the respondent nos. 6 & 7, Mr. Anwar
Karim representing the respondent no. 3 and Mr. Saroj Kumar,
learned AC to SC-15.
2. The present petition has been preferred for the
following relief(s):
“I. to issue a Rule NISI in the nature of a
writ of certorari to quash and cancel the general
Patna High Court CWJC No.4135 of 2024(7) dt.27-04-2026
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notice issued vide memo.125 dated 24.01.2024
alongwith a Tender notice dated 24.01.2024 by the
Chief Executive Officer, Zila Parishad, Jamui by
which he has called applications purporting to be
under Self Employment Scheme for constructions of
shops to be let out on rent on the land situated on
the road side and near the hospital gate of Sikandra
Bazar/Main market for construction of 11x10 feet
i.e. 32 shops for which the estimated cost of each
shop had been fixed at Rs. 3,11,937.00 on the terms
and conditions as mentioned therein.
II. to issue a writ of mandamus
commanding the respondents to refrain from
interfering with the peaceful possession of the
petitioners on the piece of land measuring 4
decimals each of the two petitioners of Khata No.
1280, Plot No. 454 being the part of the total area
of 28 decimal of the said plot of the land thana no.
122 bounded as East: Market Road, West:-
Government Hospital, North: Sujit Singh and
Rameshwar Singh, South:- Suresh Barnawal
III. to hold and declare that the action of
the respondent executive officers Zila Parishad
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(District Board) Jamui, is a contemptuous attempt
being in violation the judgement and order dated
20.08.1998 in CWJC NO. 7287 of 1998 (Chotelal
Gupta & Ors. Vs. The State of Bihar & Ors.) passed
by this Hon'ble Court.
IV. to issue other writ, writs, order,
orders, direction and directions as this Hon'ble
Court may deem fit and proper in the facts and
circumstances of this case.”
3. The matter relates to 4 decimals of land each of the
two petitioners with regard to:
(i) Khata No. 1280, Plot No. 454 (out of total
area of 28 decimals of land under) Thana No. 122 within
the Circle-Sikandra in the district of Jamui.
4. Earlier, considering the controversy relating to plot
no. 1265 vis a vis plot no. 1280, the matter was sent to the
Collector, Jamui by this Court to hear all the parties and pass a
reasoned order.
5. This led to the Misc. Case No. 17 of 2024-25
(Upendra Ram vs. Babu Lal Sao and Ors.) and the Collector,
Jamui after hearing the respondent no. 7 as also the petitioners
beside the State-respondents and the Zila Parishad, came to the
conclusion that the Zila Parishad, Jamui through its internal
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resources is constructing shops under Thana no. 122, Khata no.
466, Plot no. 1265 (area 80 decimal) for revenue generation and
has nothing to do with the other plot (plot no. 1280) recorded as
Gair Majarua Malik having 85 decimal of which forty decimal
is within the four walls of the Sikandra Hospital. Further,
between plot nos. 1265 and 1280 a drain was existing since
before.
6. The Collector, Jamui further recorded that though
the petitioners herein made claim for the said land on the basis of
‘hukumnama’ made by the erstwhile Zamindar, however, before
his Court, no document was produced.
7. In that background, the Collector, Jamui came to the
conclusion that it is an appropriate case in which the Circle
Officer, Sikandra should initiate encroachment proceeding so far
as Khata No. 454, Khesra No. 1280 is concerned.
8. The said order is part of the I.A. No. 04 of 2026
preferred by the respondent no. 6, Chairperson of the Zila
Parishad.
9. Learned Senior counsel for the petitioners submit
that they are on the said land on the basis of valid documents and
if the respondents feel otherwise, the only recourse available
before them is/are to take appropriate steps for initiation of
encroachment proceeding and not otherwise.
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10. Learned Senior counsel representing the
respondent nos. 6 and 7 submit that a long existing drain got
vanished only because of the encroachment made by the
encroachers beside the two petitioners. She submits that
admittedly, there is a drain between plot nos. 1265 and 1280 but
the petitioners on the basis of the so-called documents which
were never produced before the Collector, Jamui claim their
rights.
11. She, however, agrees to the fact that the Collector,
Jamui has passed an order after hearing the parties wherein he
has recorded that the petitioner failed to submit any document
and in that background, directed the Circle Officer, Sikandra to
take appropriate steps under Bihar Public Land Encroachment
Act, 1956 (henceforth for short, ‘the Act’). She submits that in
that case, the Circle Officer, Sikandra is duty bound to initiate
encroachment proceedings against the encroachers.
12. Mr. Anwar Karim is representing the Zila Parishad,
Jamui and submits that the initiation of encroachment proceeding
is necessary to put the matter to an end.
13. This Court has gone through the facts of the case,
the reasoned order passed by the Collector, Jamui beside the
submission put forward by the respective parties. The petitioners
made a claim, this Court directed them to appear before the
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Collector, Jamui. Miscellaneous case was initiated, parties
appeared whereafter the Collector, Jamui took a decision.
14. Clearly, the Collector, Jamui has recorded that the
petitioners failed to provide any document whatsoever to support
the claim which forms their basis for possession of the lands in
question. In that background, an order has been passed with the
direction to the Circle Officer, Sikandra to take appropriate steps
under ‘the Act’.
15. Now a reasoned order has come and there is also
unanimity between the parties, as recorded above, that they have
no objection if the Circle Officer, Sikandra goes ahead and
initiate encroachment proceeding so that they can put forward
their respective views.
16. In that background, the writ petition stands
disposed of with a direction to the Circle Officer, Sikandra to
immediately act on the direction given by the Collector, Jamui
(vide an order dated 11.02.2025) in Misc. Case No. 17/2024-25
(Upendra Ram vs. Babulal & Ors.) and initiate encroachment
proceedings within two weeks from today.
17. Needless to add, each and every encroacher must
be marked, noticed and all the parties including the
petitioners/encroachers, respondent nos. 6 and 7 beside the Zila
Parishad and the State-respondents be heard and without any
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unnecessary adjournment, the matter has to be taken to its logical
conclusion by 30th of June, 2026. If any of the party fails to
appear, the Circle Officer, Sikandra shall record the same before
going ahead and take a decision.
18. This Court is of the opinion that till the Circle
Officer, Sikandra passes an order, the parties shall refrain from
precipitating the matter further and shall see to it that the
situation at ground zero remain as it is today.
19. The writ petition stands disposed of with the
aforesaid observation.
20. Pending I.A(s) also stands disposed of.
(Rajiv Roy, J)
Adnan/-
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