Patna High Court

Ramashankar SahversusThe State of Bihar through the Secretary, Revenue and Land Reforms Department

Decided: 25 February 2026
Disposal: DISPOSED
Bench: MOHIT KUMAR SHAH

Holding

The Court directed the appellate authority to dispose of the appeal within six weeks and to take further action within four weeks, thereby imposing a time‑bound order.

Summary

The petitioners, a group of alleged encroachers, challenged a final order dated 05‑08‑2024 passed by the Circle Officer under Section 6(1) of the Bihar Public Land Encroachment Act, 1956. They sought a writ directing the appellate authority to dispose of their appeal (Encroachment Appeal No. 44 of 2024‑25) within a fixed period. The respondents argued that the appeal was pending and would be disposed of expeditiously, requesting no time‑bound direction. The Court, after considering the circumstances, ordered that the appellate authority must dispose of the appeal within six weeks and that any further action based on the appeal’s outcome be taken within four weeks. Accordingly, the writ petition was disposed of on these terms.

Issues considered

Whether the High Court can direct the appellate authority to dispose of an appeal under Section 11 of the Bihar Public Land Encroachment Act within a specified time‑frame.
Whether such a direction is necessary to ensure timely enforcement of the law in land encroachment cases.

Legislation cited

Bihar Public Land Encroachment Act, 1956 — s. 11, 6(1)

Subjects

land encroachment
public land
Bihar Public Land Encroachment Act
Section 11
Section 6(1)
writ petition
appellate authority
time‑bound direction

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                Miscellaneous Jurisdiction Case No.2407 of 2023
                                         In
                  Civil Writ Jurisdiction Case No.17417 of 2018
     ======================================================
     Ramashankar Sah Son of Sri Vega Sah, resident of village- Bardaha,
     Banhaura Bazaar, Ward No. 07, P.S. Jagdishpur, District - West Champaran.

                                                                 ... ... Petitioner/s
                                        Versus

1.   The State of Bihar through the Secretary, Revenue and Land Reforms
     Department Bihar, Patna.
2.   The District Magistrate, West Champaran at Bettiah.
3.   The Sub-Divisional Officer, Bettiah, District - West Champaran.
4.   Sri Bhashkar, the Circle Officer, Nautan Anchal, District - West Champaran.
5.   Taslim Miyan, son of Late Jhagru Miyan, resident of village - Banhaura
     Bazaar, P.S. Jagdishpur, District - West Champaran at Bettiah.
6.   Bhimal Miyan, Son of Late Bhola Miyan, resident of village - Banhaura
     Bazaar, P.S. Jagdishpur, District - West Champaran at Bettiah.
7.   Munna Sah, Son of Khublal Sah, resident of village - Banhaura Bazaar, P.S.
     Jagdishpur, District - West Champaran at Bettiah.
8.   Jalal Miyan, son of Late Usman Miyan, resident of village - Banhaura
     Bazaar, P.S. Jagdishpur, District - West Champaran at Bettiah.
9.   Ramnath Chaudhary, son of Late Jagdeo Chaudhary, resident of village -
     Banhaura Bazaar, P.S. Jagdishpur, District - West Champaran at Bettiah.
10. Rajendra Sah, son of Late Benga Sah, resident of village - Banhaura Bazaar,
    P.S. Jagdishpur, District - West Champaran at Bettiah.
11. Rahmatullah Miyan, son of Late Noor Miyan, resident of village - Nautan
    Sota, P.S. - Jagdishpur, District - West Champaran at Bettiah.
12. Pannalal Sah, son of Late Shivnandan Sah, resident of village - Nautan Sota,
    P.S. - Jagdishpur, District - West Champaran at Bettiah.
13. Nek Miyan, son of Late Yasin Miyan, resident of village - Nautan Sota, P.S.
    - Jagdishpur, District - West Champaran at Bettiah.
14. Boljan Miyan, son of Late Fulman Miyan, resident of village - Nautan Sota,
    P.S. - Jagdishpur, District - West Champaran at Bettiah.
15. Sunil Sah, son of Sri Gopal Sah, resident of village - Mahuawa, P.S. -
    Nautan, District - West Champaran.
16. Qyum Ansari, son of Serajuddin Ansari, resident of village - Silhuliya, P.S. -
    Nautan, District - West Champaran.
17. Binod Sah, son of Manager Sah, resident of village - Harinagar, P.S.
    Jagdishpur, District - West Champaran
18. Mainuddin Miyan, son of Late Yasin Miyan, resident of village - Banhaura
    Sota, P.S. - Jagdishpur, District - West Champaran.
         Patna High Court MJC No.2407 of 2023(6) dt.25-02-2026
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                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sagar Kumar, Advocate
                 For the Opposite Party/s :       Mr.Sajid Salim Khan (SC-25)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                       ORAL ORDER

6   25-02-2026             The Ld Counsel for the opposite parties submits that

                   though the Circle Officer, Nautan, District-West Champaran at

                   Bettiah has passed the final order under Section 6(1) of the

                   Bihar Public Land Encroachment Act, 1956 on 05.08.2024 in

                   connection with Encroachment Case No. 09 of 2019-20,

                   however the encroachers had approached this Court by filing a

                   writ petition bearing CWJC No. 14012 of 2024, wherein this

                   Court by an order dated 28.10.2024 has granted liberty to the

                   writ petitioners of the said case to challenge the aforesaid order

                   dated 05.08.2024, by filing appropriate appeal under Section 11

                   of the Bihar Public Land Encroachment Act, 1956 and further

                   protection has been granted for six weeks.

                   2.      The Ld. Counsel for the opposite parties further submits

                   that the encroachers have filed appeal bearing Encroachment

                   Appeal Case No. 44 of 2024-25 and the same would definitely

                   be disposed off expeditiously, whereafter appropriate action

                   shall be taken according to the outcome of the said appeal.

                   3.      Per contra, the Ld. Counsel for the petitioner submits that
         Patna High Court MJC No.2407 of 2023(6) dt.25-02-2026
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                   the appellate authority be directed to dispose off the appeal

                   within a period of six weeks from today and take appropriate

                   action thereafter, in accordance with law.

                   4.      Having regard to the facts and circumstances of the case,

                   I deem it fit and proper to dispose off the present petition by

                   directing the appellate authority to dispose off the aforesaid

                   encroachment appeal within a period of six weeks and

                   accordingly take further action as per the outcome of the said

                   appeal, in accordance with law, within a period of four weeks,

                   thereafter.

                   5.      The petition stands disposed off on the aforesaid terms.


                                           (Mohit Kumar Shah, J)
S.Sb/-

U

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