Disposed¶25

Smt. Shanti Devi v. The State of Bihar

Bihar Public Land Encroachment Act, 1956 – Section 3

Patna HC2 Dec 2025CR. WJC/924/2019

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Patna High Court, Criminal Writ Jurisdiction Case No.924 of 2019, decided 02-12-2025 by Jitendra Kumar, J. — Protection against dispossession pending proceeding under Section 3 of the Bihar Public Land Encroachment Act, 1956; coercive measures prohibited against petitioner till conclusion of proceeding; Circle Officer, Hisua; Nawada; show cause 17.05.2019; writ petition disposed of.

What did the court decide?

Respondent authorities prohibited from taking any coercive measures against the petitioner till the conclusion of the proceeding initiated under Section 3 of the Bihar Public Land Encroachment Act, 1956; petition disposed of. ¶25

Smt. Shanti Devi Vs The State of Bihar — Patna HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.924 of 2019

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Arising Out of PS. Case No.- Year-0 Thana- District- Nawada

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Smt. Shanti Devi Wife Of Ram Swroop Yadav, Resident Of Route Institute Road, Mastipur, Bodhgaya, P.O. And P.S.- Bodhgaya, District- Gaya.

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... ... Petitioner/s

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Versus

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The State of Bihar

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The Chief Secretary, Govt. of Bihar, Old Secretariat, Patna.

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The Additional Chief Secretary, (Home) Govt. of Bihar, Patna.

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The Director General of Police, Bihar, Patna.

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The District Magistrate, Nawada

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The Superintendent of Police, Nawada

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The Deputy Superintendent of Police, Nawada

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The S.H.O., Hisua Police Station, Nawada

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The Deputy Collector, Land Reforms, Nawada

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The Sub Divisional Officer, Nawada

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The Circle Officer, Hisua, Nawada

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Ms. Sudha Chandra, Advocate Mr. Surendra Kumar Singh, Advocate Md. S. Hafeez Ahmed, Advocate For the State : Mr. Sanjay Kumar, AC to SC-8 ======================================================

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CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

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3 02-12-2025 The present writ petition has been filed by the petitioner in the light of notice dated 30.04.2019 issued by the office of Circle Officer, Hisua under Section 3 of the Bihar Public Land Encroachment Act, 1956, directing the petitioner and others claiming that some government land has been encroached upon by the petitioner and other persons and they have been given opportunity to file show cause on 17.05.2019.

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Patna High Court CR. WJC No.924 of 2019(3) dt.02-12-2025 2/2

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However, learned counsel for the petitioner submits that without completion of the proceeding under the Bihar Public Land Encroachment Act, 1956, the State authorities are bent upon to dispossess the petitioner from the land of the dispute.

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In view of the aforesaid facts and circumstances, the Respondent authorities are prohibited from taking any coercive measures against the petitioner till the conclusion of the proceeding initiated under Section 3 of the Bihar Public Land Encroachment Act, 1956.

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Accordingly, the present petition is disposed of.

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(Jitendra Kumar, J.)

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ravishankar/-

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U T

Smt. Shanti Devi v. The State of Bihar

Case brief

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Smt. Shanti Devi v. The State of Bihar

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