Patna High Court
Vijay YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court held that demolition cannot proceed and ordered a stay, directing the respondents to facilitate an encroachment appeal under Section 6(1) of the Bihar Public Land Encroachment Act, 1956.
Summary
The petitioners, a group of Yadav family members, filed a writ petition seeking a restraining order against the demolition of their house, alleging that the land is raiyati land held by their ancestors and that the demolition was initiated without compliance with the Land Acquisition Act. The respondents, representing the State of Bihar, had issued a demolition order through the Circle Officer. The High Court directed the State to instruct the Circle Officer to provide a decision under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, enabling the petitioners to file an encroachment appeal before the Collector. The Court ordered that a status‑quo be maintained for two weeks from the date of the order, pending adjudication of the appeal. Consequently, the writ application was disposed with a stay on demolition.
Issues considered
- Whether demolition of the petitioners' house can be effected without compliance with the Land Acquisition Act and the Bihar Public Land Encroachment Act, 1956.
- Whether the petitioners are entitled to a stay of demolition pending filing of an encroachment appeal.
Legislation cited
Subjects
- writ petition
- stay order
- demolition
- rai yati land
- encroachment
- Land Acquisition Act
- Bihar Public Land Encroachment Act
- status quo
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7840 of 2026
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1. Vijay Yadav son of Yamuna Yadav @ Yamuna Gope, resident of Village -
Rampur Nagawan, P. S.-Paliganj, Circle Paliganj, District Patna (Bihar).
2. Harelal Yadav, son of Yamuna Yadav @ Yamuna Gope, resident of Village -
Rampur Nagawan, P. S.-Paliganj, Circle Paliganj, District Patna (Bihar).
3. Ajay Yadav, son of Yamuna Yadav @Yamuna Gope, resident of Village -
Rampur Nagawan, P. S.-Paliganj, Circle Paliganj, District Patna (Bihar).
4. Sanjay Yadav, son of Yamuna Yadav @ Yamuna Gope, resident of Village -
Rampur Nagawan, P. S.-Paliganj, Circle Paliganj, District Patna (Bihar).
5. Kabilas Yadav, Yamuna Yadav Yamuna Gope, resident of Village - Rampur
Nagawan, P. S.-Paliganj, Circle Paliganj, District Patna (Bihar).
6. Ramnivas Yadav, son of Kameshwar Yadav, resident of Village - Rampur
Nagawan, P. S.-Paliganj, Circle Paliganj, District Patna (Bihar).
7. Suryadev Yadav, son of Kameshwar Yadav, resident of Village - Rampur
Nagawan, P. S.-Paliganj, Circle Paliganj, District Patna (Bihar).
8. Bindeshwar Yadav @ Bindeshwar Singh, son of Kameshwar Yadav, resident
of Village - Rampur Nagawan, P. S.-Paliganj, Circle Paliganj, District Patna
(Bihar).
9. Shanti Devi, Wife of Rajendra Yadav, resident of Village - Rampur
Nagawan, P. S.-Paliganj, Circle Paliganj, District Patna (Bihar).
10. Shanti Devi, Wife of Ram Nivash Yadav, resident of Village - Rampur
Nagawan, P. S.-Paliganj, Circle Paliganj, District Patna (Bihar).
11. Uma Devi, Wife of Suryadev Yadav, resident of Village - Rampur Nagawan,
P. S.-Paliganj, Circle Paliganj, District Patna (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Revenue
Department, Govt. of Bihar, Patna.
2. The Additional Chief Secretary, Revenue Department, Govt. of Bihar, Patna.
3. The Commissioner, Patna Division, Patna.
4. The Collector, District - Patna.
5. The Deputy Collector, Land Reforms, Paliganj, Patna.
6. The Sub - Divisional Officer, Paliganj, Patna.
7. The Sub- Division Police Officer, Paliganj, Patna.
8. The Circle Officer, Circle-Paliganj, District- Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailendra Kumar
Patna High Court CWJC No.7840 of 2026(2) dt.15-05-2026
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For the Respondent/s : Standing Counsel (21)
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 15-05-2026 Heard learned counsel for the petitioners and
learned counsel for the respondents.
2. The instant writ application has been filed seeking
restraint upon the respondents from demolishing the house of
the petitioners, for which the Circle Officer, Paliganj, Patna
issued letter dated 09.05.2026 (Annexure-P/6 series). It is
submitted that the land in question is raiyati land standing in the
name of the ancestors of the petitioners, situated at Mauza–
Rampur Nagwan, Thana No. 352, Tauzi No. 14579, Khata Nos.
438 and 467, Khesra No. 208, Jamabandi No. 743, having an
area of 4.15 decimals, and that the action has been initiated
without following the provisions of the Land Acquisition Act
and without proper consideration of the relevant documents.
3. The respondent-State is directed to instruct the
Circle Officer, Paliganj, Patna to provide the decision taken
under Section 6(1) of the Bihar Public Land Encroachment Act,
1956 to enable the petitioners to file an encroachment appeal
before the Collector, Patna in accordance with the provisions of
the Land Acquisition Act.
4. It is made clear that once such appeal is filed within
Patna High Court CWJC No.7840 of 2026(2) dt.15-05-2026
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a period of two weeks from today, status quo shall be
maintained till adjudication of the said appeal and and further
action shall be taken in terms of the order passed in the
encroachment appeal.
5. With the aforesaid observations and directions, the
writ application stands disposed.
(Ajit Kumar, J)
shikha/-
U
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