Patna High Court
Satya Narayan Singh vs The State Of Bihar on 6 August, 2025
Author: Alok Kumar Sinha
Bench: Alok Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13093 of 2013
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Kumar Sunil Singh, Son of Late Satya Narayan Singh Resident of Ekauna Kothi,
Kesri Nagar, P.S.- Shastri Nagar, District- Patna, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Principal Secretary, Department of Revenue and Land Reforms,
Government of Bihar, Patna.
3. The Collector, Dist.- Patna.
4. The Deputy Collector of Land Reforms, Patna Sadar, Dist.- Patna.
5. The Circle Officer, Patna Sadar, Dist.- Patna.
6. The Officer In Charge, P.S.- Shastri Nagar, Patna.
7. Deepak Kumar Sinha, Son of Bindeshwar Prasad Sinha, R/o House No. 33,
Hawamahal, Rajendra Path, North S.K. Puri, P.O. Patliputra , P.S. S K Puri,
Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Kamal Nayan Chaubey, Sr. Advocate
Mr. Prashant Kumar, Advocate
Mr. Dineshwar Pandey, Advocate
Mr. Shashank Shekhar Dubey, Advocate
For respondent No.7 : Mr. Brishetu Sharan Pandey, Advocate
Mr. Shubham Shivansh, Advocate
For the State : Mr. Mrigendra Kumar, A.C. to G.P.-20.
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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL JUDGMENT
Date : 06-08-2025
Heard learned counsel for th petitioner, learned counsel for
the State and learned counsl appearing for private respondent No.7.
2. In the present writ application, the petitioner has
challenged the order dated 17.06.2013 (Annexure-3) passed by Circle
Office, Patna Sadar prohibiting the petitioner from doing renovation /
construction work in the existing temple. The petitioner has also
challenged order dated 09.09.2013 and 21.09.2013 passed by the Circle
Office in Land Encroachment Case No.11 of 2013-14 whereby
Patna High Court CWJC No.13093 of 2013 dt.06-08-2025
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direction has been given to remove the encroachment. The
petitioner has further challenged the appellate order dated
05.08.2016
passed by Addl. Collector, Patna in Land
Encroachment Appeal No.20 of 2013-14 whereby the appeal filed
by the petitioner against the order of the Circle Officer dated
09.09.2013 was dismissed. Learned counsel for the petitioner
submits that the order dated 27.06.2013 (Annexure-3) is palpably
illegal for the reasons that this order was passed without initiating
any land encroachment proceeding. So far as the orders dated
09.09.2013, 29.01.2013 passed in Land Encroachment Case No.11
of 2013-14 are concerned, learned senior counsel appearing for the
petitioner submits that these orders are nullity in the eye of law
because they have been passed behind the back of the petitioner as
no notice under Section 3 of the Bihar Public Land Encroachment
Act was ever issued to the petitioner, thereby denying the
petitioner the opportunity to participate in the Land Encroachment
Case No.11 of 2013-14. Consequently, the learned senior counsel
appearing for the petitioner submits that the appellate order dated
05.08.2016 (Annexure-6) passed by the Addl. Collector, Patna in
Land Encroachment Appeal No.20 of 2013-14 would also be
illegal as it has upheld the order dated 09.09.2013 which was
passed in complete violation of the principal of natural justice.
Patna High Court CWJC No.13093 of 2013 dt.06-08-2025
3. Learned senior counsel appearing for the petitioner
further submits that in order to resolve the present stalemate, it
would be proper to set aside the above orders and, thereafter
relegate this matter before the Committee constituted by the State
Govt. in terms of Rule 3(2) of "The Bihar Unauthorised Religious
Structure Construction Survey and its Regularisation, Re-location
and Removal Rules, 2013".
4. To the aforesaid submission made by learned senior
counsel appearing for the petitioner, learned counsel appearing for
the respondent-State submits that this writ application may be
disposed of by sending this matter to the Committee of the State
Govt. constituted in terms of Rule 3(2) of "The Bihar
Unauthorised Religious Structure Construction Survey and its
Regularisation, Re-location and Removal Rules, 2013".
5. Learned counsel appearing for private respondent
No.7 also does not have any objection.
6. Considering the nature of the submission-cum-prayer
made by learned senior counsel appearing for the petitioner, which
is not opposed by learned counsel appearing for respondent No.7
as well as by learned counsel appearing for respondent-State, the
impugned orders dated 27.06.2013 (Annexure-3) dated 09.09.2013
and 21.09.2013 (Annexure-5 series) and Appellate Order dated
Patna High Court CWJC No.13093 of 2013 dt.06-08-2025
05.08.2016 (Annexure-6) are hereby quashed and the present
matter is sent for decision before the Committee constituted under
Rule 3 (2) of 'The Bihar Unauthorised Religious Structure
Construction Survey and its Regularisation, Re-location and
Removal Rules, 2013". The Committee shall hear all the parties
concerned and after giving adequate opportunity of hearing to all
concerned, the Committee will decide this matter by passing a
reasoned and speaking order preferably within a period of 6
months from the date of production of a copy of this order. The
petitioner will produce a copy of this order before the Committee
within 15 days from today.
7. Till such time, the matter is pending adjudication
before the Committee, no construction will be carried out by the
petitioner on the land in question.
8. With the aforesaid observation and directiion, the
present writ application is allowed to the extent indicated above.
9. All pending I.A., if any, shall automatically
accordingly disposed of.
(Alok Kumar Sinha, J)
sanjeev/-
AFR/NAFR
CAV DATE
Uploading Date 06.08.2025
Transmission Date
