Patna High Court
Surendra KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court directed that the State obtain a decision under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 to allow the petitioners to file an encroachment appeal, and that the status quo be maintained pending that appeal.
Summary
The petitioners, a group of Yadav family members, filed a writ petition seeking a restraining order against the demolition of their house situated on raiyati land in Rampur Nagwan, Patna. The demolition order was issued by the Circle Officer, Paliganj, without complying with the procedural requirements of the Land Acquisition Act. The High Court held that the State must direct the Circle Officer to issue 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 directed that the petitioners file such appeal within two weeks, and that the status quo be maintained pending adjudication of the appeal. Accordingly, the writ application was disposed with these directions.
Issues considered
- Whether the demolition of the petitioners' house can be effected without compliance with the Land Acquisition Act.
- Whether the petitioners are entitled to a status quo pending filing of an encroachment appeal under the Bihar Public Land Encroachment Act, 1956.
- Whether the Circle Officer's demolition order is valid in the absence of a decision under Section 6(1) of the Bihar Public Land Encroachment Act.
Legislation cited
Subjects
- land acquisition
- encroachment
- rai yati land
- demolition
- status quo
- public land encroachment act
- civil writ jurisdiction
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7842 of 2026
======================================================
1. Surendra Kumar Son of Damodar Yadav, Resident of Village- Rampur
Nagawan, P.S.- Paliganj, Circle- Paliganj, District- Patna (Bihar).
2. Saheb Yadav, Son of Vasdeo Yadav, Resident of Village- Rampur Nagawan,
P.S.- Paliganj, Circle- Paliganj, District- Patna (Bihar).
3. Mahesh Yadav, Son of Late Bachu Yadav, Resident of Village- Rampur
Nagawan, P.S.- Paliganj, Circle- Paliganj, District- Patna (Bihar).
4. Madhav Yadav, Son of Late Bachu Yadav, Resident of Village- Rampur
Nagawan, P.S.- Paliganj, Circle- Paliganj, District- Patna (Bihar).
5. Subodh Kumar, Son of Suresh Yadav, Resident of Village- Rampur
Nagawan, P.S.- Paliganj, Circle- Paliganj, District- Patna (Bihar).
6. Ram Badan Yadav, Son of Brija 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
For the Respondent/s : Mr.Standing Counsel (12)
======================================================
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/8 series). The land
in question is raiyati land standing in the name of the ancestors
Patna High Court CWJC No.7842 of 2026(2) dt.15-05-2026
2/2
of the petitioners, situated at Mauza–Rampur Nagwan, Thana
No. 352, Tauzi No. 14579, Khata No. 438, Khesra Nos. 208 and
743, 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
a period of two weeks from today, status quo shall be
maintained till adjudication of the said appeal 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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