Biteshwar Pandey Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Biteshwar Pandey Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ application disposed with liberty to the petitioner to appeal against the final order/notice of the Circle Officer before the District Magistrate, Bhojpur within 30 days; appeal to be decided in accordance with law after hearing within four months of filing; structures/house/boundary wall on the subject land not to be demolished till disposal of the appeal.

Issue for consideration

Whether the writ application seeking quashing of the Circle Officer's final order/final notice dated 04.12.2025 directing removal of encroachment should be quashed in writ jurisdiction, or whether the petitioner should pursue the statutory appellate remedy before the District Magistrate under Section 11 of the 1956 Act.

Court's answer

The writ application is disposed with liberty to the petitioner to prefer an appeal against the final order/notice passed by the Circle Officer for removal of encroachment; if such an appeal is filed within 30 days, the District Magistrate, Bhojpur shall dispose of the appeal in accordance with law, after giving opportunity of hearing to the petitioner and all concerned, within four months from the date of filing.

Ratio / Principle

As interim protection, till the disposal of the appeal, the structures/house/boundary wall upon the subject land shall not be demolished.

Detailed headnote1 paragraphs

Encroachment proceeding (Encroachment Case No. 1 of 2024-25) under the Bihar Public Land Encroachment Act, 1956: writ petition challenging the Circle Officer's final order and final notice dated 04.12.2025 under Section 6(2) of the 1956 Act directing removal of encroachment from R.S. Khata No. 113, Plot Nos. 122 and 124 (24 decimals), Barhara/Badhara, Bhojpur, disposed of with liberty to the petitioner to prefer an appeal before the District Magistrate, Bhojpur (appellate authority under Section 11 of the 1956 Act) within 30 days; appeal to be disposed of in accordance with law after hearing within four months of filing; interim direction that the structures/house/boundary wall on the subject land shall not be demolished till disposal of the appeal. (Anil Kumar Sinha, J.)

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20957 of 2025

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Biteshwar Pandey Son of Late Ram Janam Pandey Resident of VillagePanditpur, P.S.- Badhara, District- Bhojpur.

... ... Petitioner/s

Versus

The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

The Additional Chief Secretary, Revenue and Land Reforms Department, State of Bihar, Patna.

The District Magistrate cum Collector, Bhojpur.

The Circle Officer, Badhara, Bhojpur.

The Anchal Amin, Circle Office, Badhara, Bhojpur.

Sri Jitendra Kumar Pandey, Son of Sri Ram Pandey Resident of VillagePanditpur, P.O.- Dumaria, P.S.- Badhara, District- Bhojpur.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr.Manoj Kumar For the Respondent/s : Mr.Standing Counsel (18) ======================================================

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

2 13-01-2026 1. Heard learned Counsel for the parties concerned.

The present writ application has been filed for quashing the notice, dated 04.12.2025, issued by the respondent no.

4-Circle Officer, Barhara, Bhojpur, directing the petitioner to remove the encroachment from the land in question, situated in R. S. Khata No. 113, R. S. Plot Nos. 122 and 124, having an area of 24 decimals.

Learned Counsel for the petitioner submits that the residential house of the petitioner and boundary wall is situated upon the subject land, for which the

Patna High Court CWJC No.20957 of 2025(2) dt.13-01-2026 2/3

encroachment proceeding, bearing Encroachment Case No. 1 of 2024-25, was initiated and notice under Section 3 of the Bihar Public Land Encroachment Act, 1956 (in short, the 1956 Act’) was issued. She further submits that the petitioner is a very old person. He did not receive the notice and could not submit his show cause before the Circle Officer, leading to passing of the final order and a final notice under Section 6 (2) of the 1956 Act, dated 04.12.2025, has been issued by the Circle Officer for removal of encroachment from the land in question.

Learned Counsel next submits that the land is the ancestral land of the petitioner. A title suit has been filed after the order was passed by the Circle Officer.

Learned Counsel for the State submits that the 1956 Act is a complete code and under Section 11 of the 1956 Act, the District Magistrate is the appellate authority. As such, the petitioner may prefer an appropriate appeal before the District Magistrate against the final order and the final notice passed by the Circle Officer.

Considering the nature of dispute and the prayer made in the writ application, this writ application is disposed with liberty to the petitioner to prefer an appeal against the

Patna High Court CWJC No.20957 of 2025(2) dt.13-01-2026 3/3

final order/notice passed by the Circle Officer for removal of encroachment and if such an appeal is filed by the petitioner within a period of 30 days from today, the District Magistrate, Bhojpur, shall dispose the appeal in accordance with law after giving opportunity of hearing to the petitioner and all other concerned within a period of four months from the date of filing of the appeal.

Till the disposal of the appeal, the structures/house/ boundary wall upon the subject land shall not be demolished.

(Anil Kumar Sinha, J.)

Prabhakar Anand/-

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