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2026 Supreme(Online)(Pat) 102
PATNA HIGH COURT
HONOURABLE , CJ, HONOURABLE MR. RITESH KUMAR, J
Kamta Prasad Sharma @ Kamta Pandey – Appellant
Versus
The State of Bihar through Chief Secretary, Govt. of Bihar. Patna. – Respondent
Letters Patent Appeal No.39 of 2025 | Civil Writ Jurisdiction Case No.3087 of 2024
For the Appellant/s:Mr.Pramod Kumar Yadav, Advocate
For the Respondent/s:Mr.Additional Advocate General (12)
Court affirmed the need for due process in encroachment proceedings, ensuring all parties are heard before any final order is passed under applicable land laws.
Headnote:(A) Bihar Public Land Encroachment Act, 1956 - Section 6(1) - Legal proceedings concerning land encroachment - Petitioner sought quashing of order regarding encroachment and damages for previous demolition of his building. The Circle Officer initiated proceedings in compliance with prior court orders. Court directed resolution in pending encroachment cases. (Paras 2-4)
(B) Writ Petitions - Standard of review - The court found no grounds of perversity or illegality warranting interference with the lower court's decision. (Paras 5-6)
Facts of the case:
The appellant contested an encroachment order leading to the demolition of his building, claiming damage for illegal actions by authorities affecting his property rights. The petition involved subsequent violations of due process regarding encroachments.
Findings of Court:
The court observed that ongoing encroachment proceedings under the Bihar Public Land Encroachment Act should be finalized while ensuring due process, dismissing the appeal as there were no legal flaws in the lower court's order.
Issues: The primary matters addressed included the legality of the encroachment order and damages for property destruction thereby questioning statutory compliance and due process.
Ratio Decidendi: The court reaffirmed that ongoing encroachment proceedings must conclude lawfully while ensuring all affected parties are heard, confirming that existing processes warranted no judicial intervention.
Result: Letters Patent Appeal stands dismissed.
| Table of Content |
|---|
| 1. petitioner challenges demolition of his property (Para 1 , 2) |
| 2. parties assert legality of encroachment proceedings (Para 3) |
| 3. court directs resolution of encroachment cases as per law (Para 4) |
| 4. no illegality found in lower court's order (Para 5) |
| 5. letters patent appeal dismissed (Para 6) |
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 08-01-2026 The Letters Patent Appeal has been filed by the appellant against the order dated 11.12.2024 passed by the learned Single Judge in CWJC No. 3087 of 2024.
2. The writ petition was filed for the following relief(s):-
“i. For issuance of appropriate writ/ writs, order/
orders, direction/ directions for quashing/ setting aside the order dated 19.01.2024 vide Memo No.-143 passed in Encroachment Case No. 2/2012-13 by Circle Officer, Islampur, District Nalanda against the petitioner in compliance of order dated 01.02.2024 passed in CWJC No.- 4141 of 2020 by this Hon'ble Court (Fanindra Kumar Pandey Vs. The District Magistrate, Nalanda & Others) under which petitioner has been made Respondent No.-6. The said order is quite illegal, void, wrong and malafide against the petitioner under which notices were issued to the petitioner mentioning Khata No.-214, Khesra No. 1490/2869/1273 area 0.01 Acre. The area belongs to petitioner. The area is not 1 Acre rather 1 decimal and by that illegal process against the petitioner earlier his two- story building was demolished by respondent no.-2, 5 and 6 in vide notice issued by respondent no.-6 on dated 08.11.2022 in Encroachment No.-7/2012-13. In consequence there of petitioner had to face damage of approx. 47,00,000/- Rupees (Forty Seven Lakh Rupees) and his household articles were also damaged by applying labourers for demolition by said respondents.
ii. For issuance of appropriate writ/ writs, order/
orders, direction/ directions commanding the respondents to remove illegal encroachment upon petitioner's land and protect the life and property of petitioner and his son namely Sikandar which is at stake by dire threatening and harassment by respondent no. 6, 7 and 8. The petitioner's land over which the two story building was built as Khata No.-214, Khesra No.-1495/1277, Thana No. 63 and total area 0.1 Decimal land in question upon which petitioner had got bonafide right, title and possession more than fifty years (previously fifty years).
iii. For issuance of appropriate writ/ writs, order/
orders, direction/ directions commanding the respondents to pay the approx. damage of Rs. 4700000/- (Forty Seven Lakh Rupees) to the petitioner for demolition of his two story building house and damaging costly household articles by respondent no.- 2, 5, 6 and 7 with malafide and illegal manners during pendency of writ application as CWJC No.- 1441 of 2020 (Fahindra Kumar Pandey Vs. D.M., Nalanda & others) in which petitioner has made private respondent no.-6.
iv. For issuance of appropriate writ/ writs, order/
orders, direction/ directions commanding to punish the respondents no. 6 and for misinterpreting and manipulating the order passed by this Hon'ble Court in said CWJC No. 4141 of 2020 under which petitioner's house was demolished by not adopting due process of law by said respondent no.-6 vide two notice dated 08.11.2022 in Encroachment Case No.- 2/12-13 and 7/2012-13, consequently.
v. For issuance of appropriate writ/ writs, order/
orders, direction/ directions to restore the possession over petitioner's land in question bearing Khata No.-214, Khesra No.- 1495/1277, Thana No. 63, total area 0.1 decimals of land upon which petitioner's two story house was demolished by the respondent no.-2, 5, 6 and 7 intentionally and illegally in name of illegal encroachment. For issuance of appropriate writ/ writs, order/ orders, direction/ directions commanding the respondent no.-1 to restrain the respondent no.-6 for further demolition of his house vide order dated 19.01.2024 Memo No. 143 by adopting illegal process of encroachment as ready to demolish the petitioner's h
