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Patna High Court

Sakal Dev SahversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the petitioner is entitled to file an appeal under Section 11 of the Bihar Public Land Encroachment Act and stayed the operation of the notice until such appeal is decided.

Summary

The petitioner, who bought a plot in 1994 and built a house under the Pradhan Mantri Awas Yojana, was served a notice under Section 6(2) of the Bihar Public Land Encroachment Act, 1956 directing removal of a purported 6‑foot encroachment onto public land. He contended that the measurement was taken without his presence, that he was not given notice of a hearing, and that the final order was passed without his knowledge. The court observed that the Act provides a right of appeal under Section 11 and directed the petitioner to file an appeal before the Collector within one month, staying the operation of the notice pending the appeal. The Collector was instructed to call for the case record and dispose of the appeal within four months. Consequently, the writ petition was disposed with the stay order and directions for appeal.

Issues considered

  • Whether the notice and final order under Section 6(2) of the Bihar Public Land Encroachment Act, 1956 are valid despite alleged lack of due process.
  • Whether the petitioner is entitled to a stay of the notice pending appeal.
  • Whether the petitioner must be directed to file an appeal under Section 11 of the Act.

Legislation cited

Subjects

  • encroachment
  • public land
  • due process
  • stay order
  • appeal
  • Bihar Public Land Encroachment Act
  • writ jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA

                               Civil Writ Jurisdiction Case No.943 of 2026
                 ======================================================
                 Sakal Dev Sah S/o Late Sury Sah @ Lt Suruj Sah, R/o- Village - Hasanpur
                 Balua, P.S.- Kundwa Chainpur, Circle- Dhaka, District-East Champaran,
                 Motihari.


                                                                                 ... ... Petitioner/s
                                                    Versus

           1.    The State of Bihar through Principal Secretary, Revenue and Land Reforms,
                 Government of Bihar, Patna.
           2.    The Principal Secretary, Revenue and Land Reforms, Government of Bihar,
                 Patna.
           3.    The District Collector, Motihari, District East Champaran.
           4.    The Circle Officer, Dhaka, District East Champaran.


                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Sumit Kumar Gupta, Adv.
                                        :       Mr. Harish Chandra Patel, Adv.
                 For the Respondent/s   :       Mr. Government Advocate (03)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

                                                ORAL ORDER

2   21-01-2026                   1. The petitioner has filed the present writ application

                   challenging the notice dated nil issued under Section 6(2) of the

                   Bihar Public Land Encroachment Act, 1956 (hereinafter referred

                   to as the Act), by which the Petitioner has been directed to

                   remove the encroachment from the land bearing Thana No. 67,

                   Khata No. 09, Khesra No. 1334/25, having an area of 1.45

                   decimal.

                                 2. Learned counsel for the petitioner submits that the

                   petitioner purchased a piece of land having Thana No. 67, Khata
Patna High Court CWJC No.943 of 2026(2) dt.21-01-2026
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          No. 212, Khesra No. 1329 by virtue of a registered sale deed in

          1994 where the pakka house has been constructed under the

          Pradhan Mantri Awas Yojana and the petitioner has been

          residing in the same along with his family members. The

          respondent/Circle Officer, Dhaka, East Champaran, without any

          measurement done in presence of the petitioner, called for the

          report and found encroachment upon the gairmajarua land to the

          extent of 6 feet in Khata No. 9, Khesra No. 1334 of 2025, Thana

          No. 67, having an area of 1.45 decimal. A notice under Section 3

          of the Act was issued to the petitioner and the petitioner

          submitted his reply before the Circle Officer stating therein that

          petitioner has not encroached upon Khesra No. 1334 of 2025

          and the land and house of the petitioner is situated about 7 feet

          away from the public road.

                      3. The measurement done by the Anchal Amin for the

          purpose of removal of encroachment showing 6 feet

          encroachment in the public land by the petitioner is completely

          without any basis and the petitioner was not given any

          opportunity to witness the measurement done by the Anchal

          Amin at the direction of the Circle Officer.

                      4. The petitioner was not given any notice regarding

          the date fixed in the encroachment case in question and without
Patna High Court CWJC No.943 of 2026(2) dt.21-01-2026
                                            3/4




          hearing the petitioner, the final notice under Section 6(2) of the

          Act has been served directing for removal of encroachment

          from Plot No. 1334 of 2025. The final order in the

          encroachment case was passed behind the back of the petitioner

          and the petitioner has not been provided with the copy of the

          final order passed by the Circle Officer.

                      5. No one appears for the State.

                      6. Having heard learned counsel for the petitioner and

          taking into consideration that under Section 11 of the Act, there

          is a provision for an appeal, accordingly, the petitioner is given

          liberty to file an appeal before the Collector, East Champaran,

          against the final order/impugned notice dated nil within a period

          of one month from today. If such an appeal is filed by the

          petitioner, the Collector, East Champaran, is directed to call for

          the record of Encroachment Case No. 15/2025-26 and after

          hearing the petitioner and the concerned party, shall dispose the

          appeal within a period of four months from the date of filing of

          the appeal in accordance with law.

                      7. It is made clear that till the disposal of appeal, the

          operation of the impugned notice annexed at Annexure P/3 shall

          remain stayed and the respondents shall not take any steps for

          removal of encroachment on the disputed land.
          Patna High Court CWJC No.943 of 2026(2) dt.21-01-2026
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                                8. With the aforesaid of direction and observation, the

                    present writ application is disposed.



                                             (Anil Kumar Sinha, J)
HarshPandey/-

U


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