Patna High Court
Sant Vilash PanditversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court disposed of the petition, directing the petitioners to seek completion of the pending encroachment proceeding before the District Magistrate rather than granting a writ.
Summary
The petitioners, Sant Vilash Pandit and Lakhan Pandit, filed a writ petition seeking a certiorari and mandamus directing the State of Bihar and its officials to remove encroachments from specified public land in Buxar and to protect the land earmarked for a school playground. They alleged that the land, identified as "Anabad Sarvasadharan Land," was being illegally occupied. The State contended that a proceeding under the Bihar Public Land Encroachment Act, 1956 (Encroachment Case No.02/2025-26) had already been initiated with notices issued under Section 3 of the Act. The Court held that the appropriate remedy was to have the petitioners approach the District Magistrate to ensure the pending administrative process was concluded within the statutory timeline. Consequently, the writ petition was disposed of without granting any writ relief.
Issues considered
- Whether a writ of certiorari or mandamus can be issued to direct removal of encroachment when a statutory proceeding under the Bihar Public Land Encroachment Act, 1956 is already pending.
- Whether the petition is maintainable in view of the ongoing administrative process.
Legislation cited
Subjects
- public land
- encroachment
- certiorari
- mandamus
- Bihar Public Land Encroachment Act, 1956
- administrative law
- land reform
- school development
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7219 of 2025
======================================================
1. Sant Vilash Pandit Son of Late Sita Ram Pandit, Resident of Village-
Panditpur, Police Station- Buxar (M), District- Buxar.
2. Lakhan Pandit, Son of Janardan Pandit, Resident of Village- Panditpur,
Police Station- Buxar (M), District- Buxar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Revenue and
Land Reforms Department, Government of Bihar, Patna.
2. The Collector, Buxar.
3. The Superintendent of Police, Buxar.
4. The Sub Divisional Magistrate, Buxar.
5. The Circle Officer, Buxar.
6. The S.H.O., (Muffasil) Police Station, Buxar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Mishra
For the Respondent/s : Mr.Standing Counsel (23)
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
4 23-03-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The writ petition has been filed for the following
reliefs :-
(i) A writ in the nature of certiorari or any
other appropriate writ/order or direction directing
the Respondents to remove the encroachment from
the Public Land bearing Khata No. 101/120, Plot
No. 744, 743, 746, 748, 749, 756, 740, 741 and
742, Chak Plot No. 77, Area 95 Decimals situated
in Mauza- Panditpur, Anchal- Buxar, District-
Buxar.
(ii) A writ in the nature of mandamus or any
Patna High Court CWJC No.7219 of 2025(4) dt.23-03-2026
2/3
other appropriate writ/order or direction directing
the Respondents to protect the Public Land bearing
Chak Plot No.77, Area 95 decimals, situated in
Village- Panditpur, Anchal- Buxar, District-Buxar,
which is selected and marked for School village
development and Play ground, which is mentioned
in Khatiyan as “Anabad Sarvasadharan Land”.
(iii) Any other appropriate writ/order or
direction which your Lordships may deem fit and
proper.
3. Learned counsel for the petitioner submits that on
the application filed by this petitioner, the necessary proceeding
under Encroachment Case No.02/2025-26 has been initiated and
notices have been issued under Section 3 of the Bihar Public
Land Encroachment Act, 1956 (for brevity ‘Act of 1956’)
4. On the other hand, learned counsel for the State
submits that since the proceeding under the Act of 1956 has
already been initiated by issuing notices under Section 3 of the
Act of 1956 and as such, the authorities may be directed to
conclude the same by fixing a time line.
5. Considering the submission of the parties, this
Court finds it appropriate to direct the petitioner to file
representation before the District Magistrate, Buxar, who would
appropriately instruct the concerned authority to conclude the
encroachment proceeding initiated vide Encroachment Case
No.02/2025-26, in accordance with law and final order shall be
Patna High Court CWJC No.7219 of 2025(4) dt.23-03-2026
3/3
passed with regard to Encroachment by referring to the revenue
records and on finding the land to be under encroachment, then
by following the provisions under the statute, the same shall be
made encroachment free within the time allowed under the
statute.
6. Accordingly, the writ petition stands disposed of.
(Ajit Kumar, J)
sharun/-
U
Checking your session…