In a writ petition challenging an encroachment removal order issued via the Lok Shikayat mechanism without adhering to the Bihar Land Encroachment Act, 1956, the High Court dismissed the petition. The court directed the petitioner to challenge the final order dated 4.5.2023 by filing an appeal under Section 11 of the Act.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17248 of 2023
======================================================
Nihora Yadav @ Nihora Singh Son of Ramraj Singh, Resident of VillageDhira, P.O- Jagatpur, P.S.- Chandi District- Nalanda.
... ... Petitioner/s
Versus
... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Sheo Kumar Prasad, Adv. For the Respondent/s : Mr.Sajid Salim Khan (Sc25) ======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL ORDER
3 18-09-2024
The learned counsel for the Respondent-State seeks to
file a counter affidavit, copy whereof has already been filed online. Let the same be kept on record.
“1(i). For issuance of an appropriate writ for setting aside the letter dated 20.09.2023, issued by the Sub Divisional Officer, Hilsa, DistrictNalanda, on the basis of letter dated 16.09.2023, whereby the Circle Officer, Chandi, Nalanda, has fixed a date for removal of the encroachment and a Magistrate has been appointed as also the Dy.S.P., Hilsa has been directed to appoint police officials for removal of the alleged
Patna High Court CWJC No.17248 of 2023(3) dt.18-09-2024 2/3
encroachment made over Plot No. 631 under Khata No. 79, situated at Mauza- Dihra, P.OJagatpur, P.S- Chandi, District Nalanda, in a proceeding under the Lok Shikayat Niwaran Adhiniyam 2015, without complying with the provisions / procedure contained in the Bihar Land Encroachment Act.
And/or
(ii). For directing to the authority not to disturb the petitioner from his peaceful possession of the land without following the procedure prescribed in the Bihar Land Encroachment Act, 1956.”
Patna High Court CWJC No.17248 of 2023(3) dt.18-09-2024 3/3
filing appropriate appeal under Section 11 of the Act, 1956, if so
advised.
(Mohit Kumar Shah, J)
Ajay/-
U
2 issues framed by the court
Whether the writ petition challenging the removal of encroachment order without following the Bihar Land Encroachment Act procedure needs to be disposed of while preserving the petitioner's right to a
Whether the final order passed by the Circle Officer under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, should be challenged through the statutory appeal under Section 11 instead of w
4 provisions across 3 enactments
Nihora Yadav @ Nihora Singh
The State of Bihar through the Secretary, Department of Land Reforms and Revenue
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
