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IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19419 of 2025

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1. Kisto Prasad Gupta @ Kisto Prasad Son of Late Ram Chandra Shaw

Resident of ward no.- 16, near Mandir, Umanath, Barh, Patna, Bihar,

803213.

2. Dhrub Prasad Gupta, Son of Late Ram Chandra Shaw Resident of ward no.-

16, near Mandir, Umanath, Barh, Patna, Bihar, 803213.

3. Arun Kumar Gupta, Son of Late Ram Chandra Shaw Resident of ward no.-

16, near Mandir, Umanath, Barh, Patna, Bihar, 803213.

4. Vijay Kumar Pandey, Son of Late Chandra Dev Pandey Resident of ward

no.- 16, near Mandir, Umanath, Barh, Patna, Bihar, 803213.

5. Ashutosh Kumar Pathak, (Legal representative of Late Dhirendra Pathak

alias Dhiraj Pathak, Son of Late Bachan Pathak Resident of ward no.- 16,

near Mandir, Umanath, Barh, Patna, Bihar, 803213.

6. Parbhawati Devi, W/o Late Amarnath Giri, Son of Late Kailash Bharti

Resident of ward no.- 16, near Mandir, Umanath, Barh, Patna, Bihar,

803213.

... ... Petitioner/s

Versus

1. The State of Bihar through the District Magistrate, Patna.

2. The Deputy Collector Land Reforms, Barh, Patna.

3. The Circle Officer, Barh, Patna.

... ... Respondent/s

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Appearance :

For the Petitioner/s : Mr. Rajesh Kumar Singh, Sr. Adv.

: Mr. Ashish Kumar, Adv.

: Mr. Saharsh Singh, Adv.

For the Respondent/s : Mr. Standing Counsel (25)

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

ORAL ORDER

2 31-01-2026 1. Petitioners have filed the present writ application

challenging the notice dated 25.04.2022 issued in Encroachment

Case No. 7 of 2018 by C.O., Barh, for removal of encroachment

from Khata No. 114, Plot No. 3 having a total area of 50

decimals in Thana No. 55, Mauja- Banarasi, District- Patna.

2. Learned senior counsel for the petitioners submits

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that petitioners and their family members have been residing

upon the subject land since 1946 after purchasing the same by

virtue of registered sale deed, which has been annexed as

Annexure-1. The rent receipts are being issued in favour of the

petitioners and their family members since long and the

petitioners have been paying their rent continuously. The pakka

residential house has been constructed upon the subject land in

which electricity connection has been provided, and the

petitioners have been paying their electricity bill also.

3. It has been further submitted that a proceeding

under the Bihar Public Land Encroachment Act, 1956

(hereinafter referred to as the Act), was earlier initiated in the

year 1975-76 having a land Encroachment Case No. 26 of 1975-

76 upon the subject land and the then competent authority vide

his order dated 11.11.1975 dropped the encroachment

proceeding on the ground that land in question is not a public

land, as such, the Act shall not apply.

4. Subsequently, in 2018, a fresh proceeding under the

Act was initiated and the Encroachment Case No. 7 of 2018

before the C.O., Barh, was instituted, in which the petitioners

submitted their reply/objection. Without giving any opportunity

of hearing to the petitioners and passing final order in presence

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of the petitioners, the impugned notice dated 25.04.2022 was

issued against the petitioners under Section 6(2) of the Act and

the copy of which was made available to the petitioners. The

petitioners submitted their reply also and the matter remained

pending since then. Suddenly, the bulldozer action has started

and some of the nearby houses have been demolished.

Accordingly, the petitioners are having apprehension that their

houses shall also be demolished pursuant to the impugned

notice which has been issued in complete violation of principles

of natural justice.

5. Learned counsel for the state argued that no date

has been fixed for demolition and there is a provision for appeal

under Section 11 of the Act