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Patna High Court

Suryakant Kumar,versusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court directed that the Circle Officer must provide the decision under Section 6(1) to enable the petitioners to file an encroachment appeal before the Collector, and the status quo shall be maintained until such appeal is filed.

Summary

A group of petitioners filed a writ petition challenging orders dated 12.05.2026 issued by the Circle Officer, Bodhgaya Circle, under Section 6(2) of the Bihar Public Land Encroachment Act, 1956, which directed them to remove alleged encroachments on public land (Khata No.906, Plot No.4343). The petition sought setting aside the orders, a stay of their operation, and compliance with an earlier order dated 13.08.2012 of the Deputy Collector Land Reforms. The High Court held that the petitioners were entitled to file an encroachment appeal before the Collector under Section 6(1) of the same Act and the Land Acquisition Act. Accordingly, the Court directed the State to instruct the Circle Officer to provide the decision required under Section 6(1) and to maintain the status quo until the appeal is filed within two weeks. The writ application was disposed with these directions, effectively staying the removal order pending the appeal.

Issues considered

  • Whether the order passed under Section 6(2) of the Bihar Public Land Encroachment Act can be set aside or stayed.
  • Whether the petitioners are entitled to file an encroachment appeal before the Collector under Section 6(1) of the Bihar Public Land Encroachment Act and the Land Acquisition Act.
  • Whether the respondent authorities must comply with the earlier order dated 13.08.2012 of the Deputy Collector Land Reforms.

Legislation cited

Subjects

  • public land encroachment
  • Section 6
  • encroachment appeal
  • status quo
  • Land Reforms
  • Bihar
  • writ jurisdiction

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.7849 of 2026
     ======================================================
1.    Suryakant Kumar, Son of Bhajju Prasad, Resident of Village - Rohan Bigha,
      Police Station - Belaganj, District - Gaya.
2.   Prince Kumar, Son of Sunil Yadav, Grandson of Ram vilas Yadav, Resident
     of Village Pachhatti, Police Station Bodhgaya, District - Gaya.
3.   Lalchand Gupta @ Lal Chand Gupta, Son of Late Ram Sewak Gupta, Resi-
     dent of Village Pachhatti, Police Station Bodhgaya, District - Gaya.
4.   Priyanshu Kumar, Son of Late Mahendra Saw, Resident of Village Pachhatti,
     Police Station - Bodhgaya, District - Gaya.
5.   Sunil Saw, Son of Babulal Saw, Resident of Village Pachhatti, Police Station
     Bodhgaya, District - Gaya.
6.   Chameli Devi, Wife of Ajay Kumar, Resident of Village Amawa, Police Sta-
     tion Bodhgaya, District - Gaya.
7.   Anita Devi, Wife of Bheem Saw, Resident of Village Pachhatti, Police Sta-
     tion Bodhgaya, District - Gaya.
8.   Rajesh Yadav @ Rajesh Kumar, Son of Kedar Yadav, Resident of Village
     -Pachhatti, Police Station Bodhgaya, District Gaya.
9.   Md. Samim, Son of Ashik Mistri, Resident of Village Pachhatti, Police Sta-
     tion Bodhgaya, District - Gaya.
10. Rajwan Saw @ Raj Saw, Son of Lalji Saw, Resident of Village Pachhatti,
    Police Station - Bodhgaya, District - Gaya.
11. Raghunandan Prajapat, Son of Late Visheshwar Prajapat, Resident of Village
    Pachhatti, Police Station Bodhgaya, District Gaya.
12. Gita Devi, Wife of Late Vishal Yadav, Resident of Village Pachhatti, Police
    Station Bodhgaya, District - Gaya.
13. Ramjee Kumar, Son of Mahesh Chaube, Resident of Village Pachhatti, Po-
    lice Station - Bodhgaya, District - Gaya.
14. Anisha Khatoon, Wife of Md. Khurshid, Resident of Village Pachhatti, Po-
    lice Station - Bodhgaya, District - Gaya.
15. Rinku Devi, Wife of Ranjit Kumar, Resident of Village Pachhatti, Police
    Station Bodhgaya, District - Gaya.
16. Laxman Singh, Son of Ram Prasad Singh, Resident of Village Pachhatti, Po-
    lice Station - Bodhgaya, District - Gaya.
17. Vikas Saw, Son of Bheem Saw, Resident of Village Pachhatti, Police Station
    - Bodhgaya, District - Gaya.
18. Ramu Saw Son of Lalji Saw, (wrongly mentioned as Shambhu Saw in the
    order issued by Circle Officer), Resident of Village Pachhatti, Police Station
    - Bodhgaya, District - Gaya.
19. Shashi Bhushan Kumar, Son of Rameshwar Prasad, Resident of Village
    Pachhatti, Police Station Bodhgaya, District Gaya.
20. Santosh Kumar @ Santosh Gupta, Son of Late Ram Nayan Gupta, Resident
    of Village Pachhatti, Police Station Bodhgaya, District - Gaya.

                                                                 ... ... Petitioner/s
                                        Versus
         Patna High Court CWJC No.7849 of 2026(2) dt.15-05-2026
                                                     2/3




           1.    The State of Bihar Through the Additional Chief Secretary, Department of
                 Revenue and Land Reforms, Government of Bihar, Patna.
           2.    The Additional Chief Secretary, Department of Revenue and Land Reforms,
                 Government of Bihar, Patna.
           3.    The District Magistrate, Gaya.
           4.    The Deputy Collector Land Reforms, Gaya.
           5.    The Circle Officer, Bodhgaya Circle, District - Gaya.
           6.     Mahanth Bodhgaya Math, Police Station Bodhgaya, District Gaya, PIN
                  Code 824231.
                                                                   ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Gajendra Kumar Singh
                 For the Respondent/s   :        Government Pleader (14)
                 ======================================================
                 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 for the

                   following reliefs:-

                                  (i) For setting aside the orders dated 12.05.2026
                                  passed by the Circle Officer, Bodhgaya Circle,
                                  Gayaji under Section 6(2) of the Bihar Public Land
                                  Encroachment Act, 1956 whereby and whereunder
                                  the petitioners have been directed to remove the
                                  encroachment till 18.05.2026 as the said land is
                                  public land appertaining to Khata No.906, Plot
                                  No.4343.
                                  (ii) For stay of the operation of orders dated
                                  12.05.2026 passed by the Circle Officer, Bodhgaya
                                  Circle, Gayaji under section 6(2) of the Bihar
                                  Public Land Encroachment Act, 1956.
                                  (iii) For directing the respondent authorities,
           Patna High Court CWJC No.7849 of 2026(2) dt.15-05-2026
                                                       3/3




                                    particularly the respondent no.6 to comply the
                                    order dated 13.08.2012 passed in Land Dispute
                                    Resolution Case No.130 of 2012-13 by Deputy
                                    Collector Land Reforms, Gayaji.
                                    (iv) For any other relief to which the petitioner is
                                    found entitled in the facts and circumstances of the
                                    case.



                                 3. The respondent-State is directed to instruct the

                     Circle Officer, Bodh Gaya, Gayaji 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, Gayaji 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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