Patna High Court
Yashoda DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The jamabandi over public land must be cancelled by the Additional Collector and the encroachment proceeding must be pursued under Section 3 of the Bihar Public Land Encroachment Act.
Summary
Petitioner Yashoda Devi filed a writ petition challenging the creation of a jamabandi over public land, alleging that the record was inadvertently made and that the land is subject to an encroachment proceeding (Encroachment Case No. 2 of 2023-2024). The State argued that the encroachment case was already pending and that the Circle Officer had discovered the jamabandi error, requiring cancellation by the Additional Collector. The Court directed the Circle Officer to obtain cancellation of the jamabandi from the Additional Collector, issue the requisite notices, and proceed with the encroachment action under Section 3 of the Bihar Public Land Encroachment Act within three months. The Court emphasized that the land, once confirmed as public, must be declared encroachment‑free. Consequently, the writ petition was disposed of.
Issues considered
- Whether a jamabandi created over public land can be cancelled by the Additional Collector.
- Whether the encroachment proceeding should continue under the Bihar Public Land Encroachment Act.
- Whether the authorities must be directed to issue notices and complete the cancellation and encroachment process within a stipulated time.
Subjects
- encroachment
- public land
- jamabandi cancellation
- Bihar Public Land Encroachment Act
- writ petition
- land revenue
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5364 of 2025
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Yashoda Devi Wife of Vishwanath Sharma, Resident of Village- Kerwa, P.S.-
Isuapur, District- Saran, Bihar 841411.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Department of Land Revenue, Government of
Bihar, Patna.
3. The Commissioner, Saran Division, Saran at Chhapra.
4. The District Magistrate, Saran, District- Saran at Chhapra.
5. The Senior Superintendent of Police, Saran, District- Saran at Chhapra.
6. Deputy Collector cum Land Reform, Marhaura, District Saran at Chhapra.
7. The Circle Officer, Isuapur, District- Saran at Chhapra.
8. The Station House Officer (SHO), Kerwa Police Station, District- Saran at
Chhapra.
9. Sunil Sharma Son of Ram Ayodhya Sharma, Resident of Village- Kerwa,
Isuapur, District- Saran at Chhapra.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : M/s Nouman Ahmad, Kumar Binode Bariar,
Advocates
For the Respondent/s : Mr.Standing Counsel (28)
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CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 06-04-2026 Heard learned counsel for the petitioner and the
State.
2 Learned counsel for the State submits that the
encroachment proceeding being Encroachment Case No 2 of
2023-2024 has already been initiated and during consideration
of the case for encroachment, it transpired to the Circle Officer
that over public land, inadvertently, jamabandi has been created
for which appropriate proceedings would be required to be
drawn by the Additional Collector for cancellation of the same.
3 The Circle Officer is directed to take necessary
Patna High Court CWJC No.5364 of 2025(2) dt.06-04-2026
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steps for carrying out the necessary formalities at the level of
statutory authority being the Additional Collector. It is made
clear that the Circle Officer will give description of entire land
which is under encroachment as per the determination made
with regard to the land in question being public land. The
necessary formalities for issuance of appropriate notices shall be
carried out by the Additional Collector and within the stipulated
period/reasonable time, the said proceeding of Jamabandi
cancellation shall be concluded and necessary decision shall be
taken and the same shall be communicated to the Circle Officer,
Isuapur. On receipt of such decision taken by the Additional
Collector, further proceeding shall be initiated from the stage of
Section 3 of the Bihar Public Land Encroachment Act, in
accordance with law. The entire process shall be concluded
within a period of three months and necessary decision shall be
taken and once such land is found to be under encroachment
then the same be made encroachment free.
4 Accordingly, the writ petition stands disposed of.
(Ajit Kumar, J)
M.E.H./-
U
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