Created by Fuzzy Cloud

Patna High Court

Md. Manir AnsariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is dismissed as premature; petitioners must first file objections under Section 4 of the Bihar Public Land Encroachment Act before seeking judicial relief.

Summary

The petitioners, a group of villagers, filed a writ petition seeking quashing of a notice issued under Section 3 of the Bihar Public Land Encroachment Act, 1956 for removal of alleged encroachment on plots they have long occupied. They argued the notice was defective because it omitted the case number, though they later learned the case was registered as Encroachment Case No.02 of 2021‑22. The State contended that the petition was premature because the petitioners had not filed any objection under Section 4 of the Act nor awaited a final order under Section 6(2). The Court held that the procedural requirement of filing an objection before approaching the court must be complied with, and therefore the writ petition could not be entertained at this stage. The Court disposed of the petition, directing the petitioners to file their objections within four weeks and the Circle Officer to decide the matter thereafter.

Issues considered

  • Whether a writ petition under the Bihar Public Land Encroachment Act is maintainable when the petitioners have not filed an objection under Section 4 of the Act.
  • Whether the notice issued without a case number can be quashed.
  • Whether the petition is premature in view of the statutory procedure under Sections 4 and 6(2) of the Act.

Legislation cited

Subjects

  • public land
  • encroachment
  • writ petition
  • preliminary objection
  • administrative law
  • Bihar
  • Section 3
  • Section 4
  • Section 6(2)

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.623 of 2025
     ======================================================
1.    Md. Manir Ansari Hanif Ansari Resident of Village Pakaria Ward No. 13,
      P.S. Jagdishpur, District West Champaran.
2.   Prema Sharma, Son of Seeta Ram Sharma, Resident of Village Pakaria Ward
     No. 13, P.S. Jagdishpur, District West Champaran.
3.   Nasrudin Miyan, Son of Manasahid Miyan Resident of Village Pakaria Ward
     No. 13, P.S. Jagdishpur, District West Champaran.
4.   Akbar Miyan, Son of Rasul Miyan, Resident of Village Pakaria Ward No.
     13, P.S. Jagdishpur, District West Champaran.
5.   Krishana Prasad @ Krishna Patel Son of Ram Chandra Prasad @ Ram
     Chandra Patel, Resident of Village Pakaria Ward No. 13, P.S. Jagdishpur,
     District West Champaran.
6.   Mahamud Miyan, Son of Late Nathuni Miyan, Resident of Village Pakaria
     Ward No. 13, P.S. Jagdishpur, District West Champaran.
7.   Reyaj Miya @ Reyaj Ansari, Son of Shaheed Ansari, Resident of Village
     Pakaria Ward No. 13, P.S. Jagdishpur, District West Champaran.
8.   Rudal Raut, Son of Baran Raut, Resident of Village Pakaria Ward No. 13,
     P.S. Jagdishpur, District West Champaran.
9.   Mangal Mahto, Son of Ramnath Mahto, Resident of Village Pakaria Ward
     No. 13, P.S. Jagdishpur, District West Champaran.

                                                           ... ... Petitioner/s
                                    Versus
1.   The State of Bihar through the Principal Secretary, Land Reforms and
     Revenue Department, Government of Bihar, Patna.
2.   The District Magistrate, West Champaran at Bettiah.
3.   The Superintendent of Police, West Champaran at Bettiah.
4.   The Sub Divisional Magistrate, Sadar, Bettiah, District- West Champaran.
5.   The Executive Engineer, Road Construction Department, Division Bettiah,
     District- West Champaran.
6.   The Circle Officer, Nautan Circle, District West Champaran.
7.   The Officer-in-Charge,     Jagdishpur,   Police   Station,    District-   West
     Champaran.
8.   The Circle Inspector, Nautan, District- West Champarna.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :     Mr.Ashok Kumar Gupta
     For the Respondent/s   :     Mr.Government Advocate (7)
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
         Patna High Court CWJC No.623 of 2025(2) dt.16-02-2026
                                                     2/3




                                                  ORAL ORDER

2   16-02-2026         1. Heard learned Counsel for the parties concerned.

                       2.   The petitioners have filed the present writ application for

                            quashing the notice, dated 05.05.2024, issued by the

                            Circle Officer, Nautan, West Champaran, under Section 3

                            of the Bihar Public Land Encroachment Act, 1956.

                       3.   The contention of the petitioners is that they have been

                            residing over the plot nos. 736, 738, 936 and 944 of

                            village Pakariya, in the district of West Champaran since

                            long, but the impugned notice, which has been issued for

                            removal of the encroachment, does not contain the case

                            number. However, upon enquiry, the petitioners came to

                            know that Encroachment Case No. 02 of 2021-22 has

                            been initiated by the Circle Officer.

                       4.   Learned Counsel for the State submits that the present

                            writ application is premature inasmuch as the petitioners,

                            without filing any objection under Section 4 of the Bihar

                            Public Land Encroachment Act, 1956 (in short, ‘the Act’)

                            and without waiting for final order passed under Section 6

                            (2) of the Act, have filed the present writ application.

                       5.   Having heard learned Counsel for the parties concerned

                            and taking into consideration the fact that the petitioners,

                            without filing their objections pursuant to the impugned
            Patna High Court CWJC No.623 of 2025(2) dt.16-02-2026
                                                        3/3




                              notice, dated 05.05.2024, have filed the present writ

                              application, accordingly, this writ application is disposed

                              with liberty to the petitioners to file their objections

                              before the Circle Officer, Nautan, West Champaran,

                              within a period of four weeks. The Circle Officer, Nautan,

                              is directed to dispose the case in accordance with law

                              after considering the objection filed by the petitioners

                              within a reasonable time frame.



                                                                    (Anil Kumar Sinha, J.)
Prabhakar Anand/-

U √


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.