Writ petition against a notice under Section 6(2) of the Bihar Land Encroachment Act, 1956 directing removal of alleged encroachment on land claimed under a 1948 bandobasti. Court directed the appellate authority to decide the pending appeal within two months and restrained coercive steps till then.
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.2282 of 2026
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Baleshwar Thakur Son of Baidhnath Thakur, Resident of Village- Ward No.08, Bairiya P.S- Keshariya District - East Champaran.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr. Kumar Vikram, Advocate For the Respondent/s : Mr. Ramadhar Singh, G P (25) ======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER
counsel for the State.
reliefs :-
I. For issuance of an appropriate writ/order or direction for setting aside the order dated 17.12.2025 passed in Encroachment case no.19/23-24 by the Respondent No.5 by which the Anchal Adhikari, Keshariya has been pleased to issue notice to the petitioner under Sub-Section (2) of section 6 of the Act stating therein that an order has been passed under sub-section(1) part (c) of
Patna High Court CWJC No.2282 of 2026(2) dt.14-05-2026 2/4
section 5 of the act for removal of an encroachment of an area of 5.5 decimals under plot no.2858 (Khata no.259) situated in Mauja- Bairiya P.S. Keshariya, District-East Champaran, as under sub section 5 of section 2 of the act the above land was found as public land fixing date-07.01.2026.
II. That the present writ application is being filed for issuance of an appropriate writ/ order or directions to the respondent's authorities not disturb the peaceful possession of the petitioner, as upon the said land the petitioner has constructed a pucca residential house and residing there with his family member and if the residential house is demolished the petitioner will be roofless.
III. That the present writ application is being filed for issuance of an appropriate writ / order or direction to the respondent authorities not disturb or demolish the residential house of the petitioner till the disposal of Encroachment Appeal Case No.130/2025 pending before the Learned Collector, East Champaran at Motihari, in the above appeal order dated 17.12.2025 is also under challenged.
IV. For any other relief or reliefs for which the petitioner is entitled for.
Patna High Court CWJC No.2282 of 2026(2) dt.14-05-2026 3/4
the aforesaid revenue records and without considering the same, a proceeding under the Act of 1956, has been initiated against the petitioner and final order has been passed and without supplying the copy of the final order, straightaway notice under Section 6(2) of the Act of 1956 has been issued directing these petitioners to vacate the land and the petitioner is said to have filed an appeal being Encroachment Appeal No.130 of 2025 as against the notice issued under Section 6(2) dated 17.12.2025, which is still pending before the appellate authority.
Patna High Court CWJC No.2282 of 2026(2) dt.14-05-2026 4/4
shall be taken against this petitioner.
(Ajit Kumar, J)
sharun/-
U
2 issues framed by the court
Whether notice under Section 6(2) of the Bihar Land Encroachment Act, 1956 was validly issued without supplying the final order under the encroachment proceeding.
Whether coercive steps should be stayed pending disposal of Encroachment Appeal No.130/2025.
2 provisions across 1 enactments
Baleshwar Thakur
The State of Bihar through the Collector, East Champaran at Motihari
The Collector-Cum-District Magistrate, East Champaran at Motihari
The Additional Collector, East Champaran at Motihari
The Sub-Divisional Magistrate, Chakia, District- East Champaran
The Circle Officer, Anchal-Keshariya, District- East Champaran
Ajit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
