Patna High Court

Kamta Prasad Sharma @ Kamta PandeyversusThe State of Bihar

Decided: 8 January 2026
Disposal: DISPOSED
Bench: THE CHIEF JUSTICE RITESH KUMAR

Holding

The Letters Patent Appeal is dismissed; the order of the Single Judge stands.

Summary

Kamta Prasad Sharma filed a writ petition seeking to quash a memo issued by the Circle Officer in an encroachment proceeding, alleging illegal demolition of his two‑story house and claiming Rs 47 lakh in damages. The Single Judge disposed the petition on 11‑12‑2024, directing that the pending encroachment cases under the Bihar Public Land Encroachment Act, 1956 be concluded within six weeks and that the writ petitions stand disposed. The appellant filed a Letters Patent Appeal challenging that order. The High Court examined whether the lower court's order was perverse or illegal and held that there was no such infirmity. Consequently, the Court dismissed the Letters Patent Appeal, leaving the Single Judge’s order intact. The appeal was dismissed and any pending interim applications were also disposed.

Issues considered

Whether the order of the Single Judge disposing the writ petition and directing pending encroachment proceedings is perverse, illegal or violative of natural justice.
Whether the appellant is entitled to relief such as quashing the memo, compensation for demolition, restoration of possession, and restraining further demolition.
Whether a Letters Patent Appeal can interfere with the Single Judge’s order in the circumstances.

Legislation cited

Bihar Public Land Encroachment Act, 1956 — s. 6(1)

Subjects

encroachment
land demolition
compensation
public land encroachment act
writ petition
letters patent appeal
administrative law
illegal demolition

Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.39 of 2025
In
Civil Writ Jurisdiction Case No.3087 of 2024
======================================================
Kamta Prasad Sharma @ Kamta Pandey S/o-Late Shri Pandey R/o-Bakaur,
P.S.-Islampur, District-Nalanda (Bihar Sharif), State Bihar.

... ... Appellant/s
Versus
1. The State of Bihar through Chief Secretary, Govt. of Bihar. Patna.

2. The District Magistrate, Nalanda at Bihar Sharif.

3. The Superintendent of Police, Nalanda at Bihar Sharif.

4. The Circle Officer, Islampur, District -Nalanda.

5. The Deputy Collector, Land Reform Officer, Nalanda at Bihar Sharif.

6. Sub-Divisional Officer, Hilsa, District- Nalanda.

7. Inspector Cum S.H.O., Islampur Police Station, District-Nalanda.

8. Fanindra Kumar Pandey Son of Badari Narayan Sharma Resident of Village-
Bakaur, Police Station-Islampur, District-Nalanda.

... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Pramod Kumar Yadav, Advocate
For the Respondent/s : Mr.Additional Advocate General (12)
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 08-01-2026
Patna High Court L.P.A No.39 of 2025 dt.08-01-2026
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The Letters Patent Appeal has been filed by the

appellant against the order dated 11.12.2024 passed by the

learned Single Judge in CWJC No. 3087 of 2024.

2. The writ petition was filed for the following

relief(s):-

“i. For issuance of appropriate writ/ writs, order/
orders, direction/ directions for quashing/ setting aside the
order dated 19.01.2024 vide Memo No.-143 passed in
Encroachment Case No. 2/2012-13 by Circle Officer,
Islampur, District Nalanda against the petitioner in
compliance of order dated 01.02.2024 passed in CWJC
No.- 4141 of 2020 by this Hon'ble Court (Fanindra Kumar
Pandey Vs. The District Magistrate, Nalanda & Others)
under which petitioner has been made Respondent No.-6.
The said order is quite illegal, void, wrong and malafide
against the petitioner under which notices were issued to
the petitioner mentioning Khata No.-214, Khesra No.
1490/2869/1273 area 0.01 Acre. The area belongs to
petitioner. The area is not 1 Acre rather 1 decimal and by
that illegal process against the petitioner earlier his two-
story building was demolished by respondent no.-2, 5 and
6 in vide notice issued by respondent no.-6 on dated
08.11.2022 in Encroachment No.-7/2012-13. In
consequence there of petitioner had to face damage of
approx. 47,00,000/- Rupees (Forty Seven Lakh Rupees)
and his household articles were also damaged by applying
labourers for demolition by said respondents.
ii. For issuance of appropriate writ/ writs, order/
orders, direction/ directions commanding the respondents
to remove illegal encroachment upon petitioner's land and
protect the life and property of petitioner and his son
namely Sikandar which is at stake by dire threatening and
harassment by respondent no. 6, 7 and 8. The petitioner's
land over which the two story building was built as Khata
No.-214, Khesra No.-1495/1277, Thana No. 63 and total
area 0.1 Decimal land in question upon which petitioner
had got bonafide right, title and possession more than fifty
years (previously fifty years).
iii. For issuance of appropriate writ/ writs, order/
orders, direction/ directions commanding the respondents
Patna High Court L.P.A No.39 of 2025 dt.08-01-2026
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to pay the approx. damage of Rs. 4700000/- (Forty Seven
Lakh Rupees) to the petitioner for demolition of his two
story building house and damaging costly household
articles by respondent no.- 2, 5, 6 and 7 with malafide and
illegal manners during pendency of writ application as
CWJC No.- 1441 of 2020 (Fahindra Kumar Pandey Vs.
D.M., Nalanda & others) in which petitioner has made
private respondent no.-6.
iv. For issuance of appropriate writ/ writs, order/
orders, direction/ directions commanding to punish the
respondents no. 6 and for misinterpreting and manipulating
the order passed by this Hon'ble Court in said CWJC No.
4141 of 2020 under which petitioner's house was
demolished by not adopting due process of law by said
respondent no.-6 vide two notice dated 08.11.2022 in
Encroachment Case No.- 2/12-13 and 7/2012-13,
consequently.
v. For issuance of appropriate writ/ writs, order/
orders, direction/ directions to restore the possession over
petitioner's land in question bearing Khata No.-214, Khesra
No.- 1495/1277, Thana No. 63, total area 0.1 decimals of
land upon which petitioner's two story house was
demolished by the respondent no.-2, 5, 6 and 7
intentionally and illegally in name of illegal encroachment.
For issuance of appropriate writ/ writs, order/ orders,
direction/ directions commanding the respondent no.-1 to
restrain the respondent no.-6 for further demolition of his
house vide order dated 19.01.2024 Memo No. 143 by
adopting illegal process of encroachment as ready to
demolish the petitioner's house. Earlier respondent no.-6
issued two illegal notices to petitioner in which wrong
khata and plot number is mentioned and by misinterpreting
and illegally compliance of the order of this Hon'ble Court
passed in CWJC No.- 4141 of 2020 which is still pending
for adjudication before this Hon'ble Court, demolished the
structure of house of the petitioner earlier.”

3. The counter affidavit was filed on behalf of

respondent nos. 2, 4, 5 & 6 in which it has been highlighted as

follows:-

“4. That the present writ petition has been filed on
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behalf of the petitioner for setting aside the order dated
19.01.2024 contained in memo no. 143 passed in
Encroachment Case No. 02/2012-13 by the respondent then
Circle Officer, Islampur in compliance to the order dated
01.02.2024 passed in C.W.J.C. No. 4141/2020, Fanindra
Kumar Pandey versus the State of Bihar and others by the
Hon'ble High Court, in which the petitioner has been made
as respondent no. 06. It is further asserted by the petitioner
that the said order has been passed illegally against him,
under which he was directed to remove the encroachment
from the land bearing Khata no. 214, Khesra no.
1490/2869/1273, Area 0.01 acre and by the said proceeding
earlier his two story building was demolished on 08.11.2022
causing damage of approx Rs. 47,00000/-to the petitioner.
The petitioner further sought direction to the respondents to
remove illegal encroachment from his above said land and to
protect his life and property which is at stake by dire
threatening and harassment by the respondent no. 6 to 8.
The petitioner also sought direction to the respondent
authorities to pay the damage of approx Rs. 47,00000/-
caused to the petitioner on account of damage of his two
story building and house hold articles and to punish the
respondent no. 06 for misinterpreting and manipulating the
order passed by the Hon'ble Court in C.W.J.C. No.
4141/2020, under which the petitioner's house was
demolished by the respondent no. 06 on 08.11.2022 in a
proceeding under Encroachment Case No. 02/2012-13 and
07/2012-13 and further to restore the possession of the
petitioner over the said land and to restrain the respondent
no. 06 for further demolition of his house in consequence to
the notice vide memo no. 143, dated 19.01.2024.”

4. When the matter was taken up finally on 11.12.2024,

submission was made that an encroachment proceeding vide

Encroachment Case No. 02 of 2012-13 and another

Encroachment Case No. 07 of 2012-13 had been initiated under

the provisions of Section 6(1) of the Bihar Public Land

Encroachment Act, 1956 and since the matter was pending and
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final order was to be passed, on the consent of both the parties,

the case was disposed of observing as follows:-

“As far as the first case i.e. CWJC No. 4141
of 2020 is concerned, the Circle Officer, Islampur,
District-Nalanda, i.e. the Respondent No. 4, has already
initiated Encroachment Case No. 2 of 2012-13,
nonetheless, it is submitted by the learned counsel for
the Respondent-State that though the same is yet to be
concluded but the same would definitely be finalized, by
passing of the final order under Section 6(1) of the Bihar
Public Land Encroachment Act, 1956, in accordance
with law and after hearing the affected parties, within a
period of six weeks from today and thereafter,
appropriate action shall be taken accordingly. It is
directed accordingly.
2. As far as the second case i.e. CWJC No.
3087 of 2024 is concerned, the Circle Officer,
Islampur, District-Nalanda, i.e. the Respondent No. 6,
has initiated encroachment proceedings vide
Encroachment Case No. 7 of 2012-13, however, the
learned counsel for the Respondent-State submits that
the same is still pending, nonetheless, the same would
be concluded, by passing of the final order under
Section 6(1) of the Bihar Public Land Encroachment
Act, 1956, in accordance with law and after hearing
the affected parties, within a period of six weeks from
today and thereafter, appropriate action shall be taken
accordingly. It is directed accordingly.
3. Accordingly, the present writ petitions
stand disposed off on the aforesaid terms, especially in
view of the fact that the Ld. Counsels for the
petitioners of the aforesaid two cases do not have any
objection to conclusion of the aforesaid encroachment
proceedings.”

5. In view of the order dated 11.12.2024 and the

limited scope of interference in the Letters Patent Appeal, we

find no perversity and illegality in the order impugned so as to
Patna High Court L.P.A No.39 of 2025 dt.08-01-2026
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be interferred with.

6. Accordingly, the Letters Patent Appeal stands

dismissed.

7. Pending I.A., if any, stands disposed of.

(Sangam Kumar Sahoo, CJ)

(Ritesh Kumar, J)
ranjan-guddu/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 12.01.2026
Transmission Date NA

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