Patna High Court
Sakal Dev SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANIL KUMAR SINHA
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
- Bihar Public Land Encroachment Act, 1956 — s. 11, 3, 6(2)
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
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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.
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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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