Patna High Court
Niranjan MalakarversusShashi Bhusan Kumar
- Decided
- Disposal
- DISPOSED
Holding
The Division Bench did not decide the merits but ordered that the pending writ petition be placed before the Single Judge for adjudication and kept the interim order in force.
Summary
Niranjan Malakar appealed an interim order of the Single Judge that directed the State to remove encroachments on land identified as Thana No. 692, Khata No. 204, Plot No. 2285, which were allegedly made by private respondents Nos. 9‑13. The appellant contended that the land had been settled in his favour in Settlement Case No. 6/08‑09, demarcated, and that he had been residing there for over 40 years, so removal would render him homeless. The Single Judge had earlier stayed any action against the appellant pending the writ petition. The Division Bench observed that the writ petition (C.W.J.C. No. 9404 of 2015) remained sub judice and ordered that it be placed before the Single Judge for a merits‑based decision. It directed that the interim order of 19‑04‑2025 remain in force until the writ petition is finally decided. Consequently, the Letters Patent Appeal was disposed of without reaching the merits of the appellant’s challenge.
Issues considered
- Whether the interim order directing removal of encroachment against the appellant is maintainable pending the resolution of the writ petition.
- Whether the appellant’s settled title under Settlement Case No. 6/08‑09 overrides the encroachment proceeding initiated by the Circle Officer.
- Whether the High Court can stay the enforcement of the interim order until the writ petition is adjudicated.
Subjects
- encroachment
- land settlement
- interim order
- writ petition
- sub judice
- property rights
- land reforms
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.430 of 2025
In
Civil Writ Jurisdiction Case No.9404 of 2015
======================================================
Niranjan Malakar Son of Late Nago Malakar, Resident of Village - Dawthu,
Tola - Dharmpur, P.S. - Hulasganj, District- Jehanabad.
... ... Appellant/s
Versus
1. Shashi Bhusan Kumar Son of Sri Jagdish Yadav, Resident of Village -
Dharampur, P.S. - Hulasganj, District - Jehanabad.
2. The State of Bihar through the Chief Secretary, State of Bihar, Patna.
3. The Chief Secretary, State of Bihar, Patna.
4. The Principal Secretary, Department of Land Reforms, Old Secretariat,
Bihar, Patna.
5. The District Magistrate - cum- Collector, Jehanabad.
6. The Additional Collector, Jehanabad.
7. The Deputy Collector Land Reforms, Jehanabad.
8. The Sub-Divisional Officer, Jehanabad.
9. The Circle Officer, Anchal Hulasganj, Jehanabad.
10. Awadhesh Malakar Son of Nago Malakar Resident of Village - Dawthu, Tola
- Dharampur, P.S. - Hulasganj, District- Jehanabad.
11. Ramchandra Malakar Son of Nago Malakar, Resident of Village - Dawthu,
Tola - Dharampur, P.S. - Hulasganj, District- Jehanabad.
12. Ramjee Malakar Son of Nago Malakar Resident of Village - Dawthu, Tola -
Dharampur, P.S. - Hulasganj, District- Jehanabad.
13. Mohan Malakar Son of Awadhesh Malakar Resident of Village - Dawthu,
Tola - Dharampur, P.S. - Hulasganj, District- Jehanabad.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Shyam Kishore, Advocate
For the Respondent/s : Mr. Addl. Advocate General (12)
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
6 19-02-2026 The Letters Patent Appeal has been filed by the
appellant Niranjan Malakar, challenging the interim order dated
Patna High Court L.P.A No.430 of 2025(6) dt.19-02-2026
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15.04.2025 passed by the learned Single Judge in C.W.J.C. No.
9404 of 2015.
2. From the said order, it appears that the case was
adjourned to 29.04.2025. When we made a query to the learned
counsel for the appellant as to what happened on 29.04.2025,
whether the case is sub judice or not, this Court is apprised that
the matter is still sub judice.
3. On perusal of the High Court website, it also
appears that vide order dated 30.04.2025 the matter was directed
to be listed after disposal of L.P.A., which is pending before this
Division Bench.
4. It appears that one encroachment proceeding has
been initiated in the year 2015 vide Encroachment Case No. 01
of 2015 by the Circle Officer, Hulasganj.
5. Since in the encroachment proceeding, specific
notice was issued to the respondent nos. 9 to 13 directing them
to remove the encroachment by 19.04.2025 and that was not
acted upon, the writ petitioner, who is now the respondent no. 1,
filed the writ petition with a prayer for issuance of a direction to
the State to remove the encroachment made by the respondent
nos. 9 to 13.
6. The learned Single Judge after hearing the parties,
Patna High Court L.P.A No.430 of 2025(6) dt.19-02-2026
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has passed the interim order directing the State to ensure that the
encroachment made by the private respondent nos. 9 to 13 and
others from the land appertaining to Thana No. 692, Khata No.
204, Plot No. 2285, is totally removed and after removing the
encroachment, an affidavit shall be filed by the State
respondents.
7. The contention raised by the appellant, while
challenging the interim order passed by the learned Single
Judge, is that the land has been settled by the Circle Officer,
Hulasganj in favour of the appellant in Settlement Case No.
6/08-09 and it has been mutated in the respective names. The
settled land was also verified and demarcated by the concerned
officials and the appellant has been residing there since more
than 40 years. It is further stated that by virtue of the impugned
order passed by the learned Single Judge, the appellant would
come on road and they would become homeless.
8. When this matter was taken up on 19.04.2025, an
interim order was passed that no action shall be taken against
the appellant and other private respondents pursuant to the
impugned order, till next date. The order is still in force.
9. In view of the fact that the writ petition is still sub
judice and the learned Single Judge has to adjudicate the matter
Patna High Court L.P.A No.430 of 2025(6) dt.19-02-2026
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on its merits, this Court without expressing any opinion on the
merits of the case, direct the Registry to place the writ petition
i.e. C.W.J.C No. 9404 of 2015 before the learned Single Judge
on roster with the request to adjudicate the same at an earliest.
10. Till the disposal of such writ petition, the interim
order dated 19.04.2025 passed by this Court in the present
L.P.A., shall remain in force and no action shall be taken against
the appellant or the other private respondents in the writ
petition. Accordingly, the L.P.A is disposed of.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
guddukr/-
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