Disposed¶32

Surendra Kumar v. The State of Bihar

Patna HC15 May 2026CWJC/7842/2026

Case brief

AI extract

What is this about?

CWJC No.7842 of 2026, Patna High Court, decided 15-05-2026 by Ajit Kumar, J. Demolition restraint; raiyati/ancestral land; Circle Officer Paliganj letter dated 09.05.2026; Section 6(1) Bihar Public Land Encroachment Act, 1956; encroachment appeal before Collector, Patna; Land Acquisition Act; status quo pending appeal; Mauza Rampur Nagwan, Thana No. 352, Tauzi No. 14579, Khata No. 438, Khesra Nos. 208 and 743; writ disposed with directions.

What did the court decide?

Writ application disposed with directions: the State to instruct the Circle Officer, Paliganj, Patna to furnish the decision under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 to enable an encroachment appeal before the Collector, Patna; conditional status quo to be maintained till adjudication of the appeal if filed within two weeks. ¶32

Surendra Kumar Vs The State of Bihar — Land Acquisition | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondents should be restrained from demolishing the petitioners' house pursuant to the Circle Officer, Paliganj's letter dated 09.05.2026, the action having been initiated, as contended, without following the provisions of the Land Acquisition Act and without proper consideration of the relevant documents. +1 more

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Court's answer

Once the petitioners file the encroachment appeal within a period of two weeks, status quo shall be maintained till adjudication of the said appeal, and further action shall be taken in terms of the order passed in the encroachment appeal.

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Ratio / Principle

The respondent-State is directed to instruct the Circle Officer, Paliganj, Patna to provide the decision taken under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 to enable the petitioners to file an encroachment appeal before the Collector, Patna in accordance with the provisions of the Land Acquisition Act.

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Detailed headnote1 paragraphs

Patna High Court (Ajit Kumar, J.) disposed of a writ application by six co-villagers of Rampur Nagawan, Paliganj (Patna) seeking restraint on demolition of their house standing on ancestral raiyati land (Mauza Rampur Nagwan, Thana No. 352, Tauzi No. 14579, Khata No. 438, Khesra Nos. 208 and 743), said to be targeted pursuant to a Circle Officer's letter dated 09.05.2026 (Annexure-P/8 series) allegedly issued without following the Land Acquisition Act. The Court directed the respondent-State to instruct the Circle Officer, Paliganj to provide the decision taken under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 so that the petitioners may file an encroachment appeal before the Collector, Patna; upon filing of such appeal within two weeks, status quo is to be maintained till its adjudication, with further action in terms of the appellate order.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7842 of 2026

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Surendra Kumar Son of Damodar Yadav, Resident of Village- Rampur Nagawan, P.S.- Paliganj, Circle- Paliganj, District- Patna (Bihar).

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Saheb Yadav, Son of Vasdeo Yadav, Resident of Village- Rampur Nagawan, P.S.- Paliganj, Circle- Paliganj, District- Patna (Bihar).

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Mahesh Yadav, Son of Late Bachu Yadav, Resident of Village- Rampur Nagawan, P.S.- Paliganj, Circle- Paliganj, District- Patna (Bihar).

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Madhav Yadav, Son of Late Bachu Yadav, Resident of Village- Rampur Nagawan, P.S.- Paliganj, Circle- Paliganj, District- Patna (Bihar).

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Subodh Kumar, Son of Suresh Yadav, Resident of Village- Rampur Nagawan, P.S.- Paliganj, Circle- Paliganj, District- Patna (Bihar).

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Ram Badan Yadav, Son of Brija Yadav, Resident of Village- Rampur Nagawan, P.S.- Paliganj, Circle- Paliganj, District- Patna (Bihar).

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... ... Petitioner/s

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Versus

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The State of Bihar through the Additional Chief Secretary, Revenue Department, Govt. of Bihar, Patna.

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The Additional Chief Secretary, Revenue Department, Govt. of Bihar, Patna.

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The Commissioner, Patna Division, Patna.

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The Collector, District- Patna.

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The Deputy Collector, Land Reforms, Paliganj, Patna.

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The Sub-Divisional Officer, Paliganj, Patna.

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The Sub-Division Police Officer, Paliganj, Patna.

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The Circle Officer, Circle- Paliganj, District- Patna.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr.Shailendra Kumar For the Respondent/s : Mr.Standing Counsel (12) ======================================================

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CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER

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2 15-05-2026 Heard learned counsel for the petitioners and

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learned counsel for the respondents.

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The instant writ application has been filed seeking

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restraint upon the respondents from demolishing the house of the petitioners, for which the Circle Officer, Paliganj, Patna issued letter dated 09.05.2026 (Annexure-P/8 series). The land in question is raiyati land standing in the name of the ancestors

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Patna High Court CWJC No.7842 of 2026(2) dt.15-05-2026 2/2

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of the petitioners, situated at Mauza–Rampur Nagwan, Thana No. 352, Tauzi No. 14579, Khata No. 438, Khesra Nos. 208 and 743, and that the action has been initiated without following the provisions of the Land Acquisition Act and without proper consideration of the relevant documents.

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The respondent-State is directed to instruct the Circle Officer, Paliganj, Patna to provide the decision taken under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 to enable the petitioners to file an encroachment appeal before the Collector, Patna in accordance with the provisions of the Land Acquisition Act.

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It is made clear that once such appeal is filed within a period of two weeks from today, status quo shall be maintained till adjudication of the said appeal and further action shall be taken in terms of the order passed in the encroachment appeal.

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With the aforesaid observations and directions, the writ application stands disposed.

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(Ajit Kumar, J)

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shikha/-

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Surendra Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Surendra Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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