Patna High Court
Ram Sinhasan Pandey vs The State Of Bihar on 30 July, 2025
Author: Satyavrat Verma
Bench: Satyavrat Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12307 of 2025
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Ram Sinhasan Pandey Son of Late Ram Krit Pandey, Resident of village-
Sonbarsa, Post Office- Mion, Police Station- Belaon, District- Kaimur
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Revenue
and Land Reforms, Govt. of Bihar, Patna, Bihar
2. The District Magistrate, Kaimur
3. The Circle Officer, Rampur, Kaimur
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ram Binod Singh, Advocate
For the Respondent/s : Mr. Pratik Sinha, AC to GA-5
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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL JUDGMENT
Date : 30-07-2025
Heard learned counsel for the petitioner and Mr. Pratik
Sinha, learned AC to GA-5 for the State.
2. The case was mentioned at 10:30 a.m. by the learned
counsel appearing on behalf of the petitioner on the ground that
31.07.2025
has been fixed as the date for removing the
encroachment over the land in dispute, as such, it was prayed that
the case be taken up out of turn. Based on the mentioning made by
the learned counsel appearing on behalf of the petitioner, the case
was directed to be listed at 02:15 p.m. for taking it up out of turn.
3. Learned counsel appearing on behalf of the petitioner
submits that the instant writ application has been filed seeking
quashing of the order dated 25.03.2025 issued by the Circle
Officer, Rampur, Kaimur under Section 6 of the Bihar Public Land
Patna High Court CWJC No.12307 of 2025 dt.30-07-2025
Encroachment Act, 1956 in Encroachment Case No. 04/2024-25
whereby petitioner has been directed to remove the encroachment
from the public land appertaining to Khata No. 42, Khesra No.
134, area 1596 sq. ft. at village Sonbarsa, Thana No. 683, Police
Station Belaon, District Kaimur.
4. Learned counsel appearing on behalf of the petitioner
further submits that the order impugned in the instant writ
application is assailed on the ground that the same has been passed
in complete violation of the principle of nature justice. It is next
submitted that no doubt, the land in dispute in the instant case is a
public land but then the ancestors of the petitioner were residing
on the land in dispute prior to independence. It is also submitted
that prior to independence, the ancestors of the petitioner were
staying on the land by constructing hut but after independence and
prior to 1955, the ancestors of the petitioner constructed a Pucca
house over the land in dispute and since then they are residing. It
is, thus, submitted that ancestors of the petitioner and thereafter the
petitioner, as such, are residing on the land in dispute for more
than 90 years. It is further submitted that petitioner is a landless
person and the proviso to Section 6(1)(e) of the Bihar Public Land
Encroachment Act, 1956 incorporates - provided if any landless
person encroached up to 12.5 decimals of public land before the
Patna High Court CWJC No.12307 of 2025 dt.30-07-2025
10th October, 1955, no action shall be taken against him under this
Act. It is next submitted that petitioner and his family are residing
on the land in dispute for more than 90 years but then the said
aspect of the matter was not enquired by the Circle Officer nor the
Circle Officer enquired as to whether petitioner is in possession of
more than 12.5 decimals of government land. It is also submitted
that Encroachment Case No. 04 of 2024-25 was instituted in which
the date of hearing was fixed as 03.10.2024 as would manifest
from the notice dated 31.08.2024, but, on 03.10.2024, the Circle
Officer, Rampur, Kaimur did not hold Court and the next date was
not communicated to the petitioner and all of a sudden, the order
impugned came to be passed whereby the petitioner was asked to
remove the encroachment over the land in dispute, as such, it is
submitted that the order impugned was passed without hearing the
petitioner. It is further submitted that had the petitioner been given
an opportunity of hearing, in that event, petitioner would have
tried to establish that his ancestors came on the land in dispute
about 90 years back and thereafter the petitioner is in possession of
the land prior to 1955 by constructing a Pucca house. It is next
submitted that the easiest way to enquire about the possession of
the petitioner over the land could have been made by making an
inquiry from the nearby residence.
Patna High Court CWJC No.12307 of 2025 dt.30-07-2025
5. Learned Counsel appearing on behalf of the State
submits that petitioner has rushed to this Court without availing his
alternative remedy of appeal against the order impugned in the
instant writ application before the District Magistrate-cum-
Collector, Kaimur on which learned counsel appearing on behalf
of the petitioner submits that since petitioner is threatened with
dispossession which has been fixed for 31.07.2025, as such, the
petitioner had to rush to this Court on which learned State Counsel
submits that petitioner ought to have filed an appeal before the
District Magistrate-cum-Collector, Kaimur on which learned
counsel appearing on behalf of the petitioner submits that
petitioner will file an appeal before the District Magistrate-cum-
Collector, Kaimur on or before 18.08.2025.
6. After hearing the learned counsel for the parties, the
writ application is disposed of with a liberty to the petitioner to file
an appeal against the order impugned in the instant writ
application before the District Magistrate-cum-Collector, Kaimur
on or before 18.08.2025. If any appeal is filed by the petitioner on
or before 18.08.2025 against the order impugned in the instant writ
application, in that event, the District Magistrate-cum-Collector,
Kaimur shall consider and dispose of the same within a period of
Patna High Court CWJC No.12307 of 2025 dt.30-07-2025
four months thereafter in accordance with law, after giving proper
opportunity of hearing to all concerned including the petitioner.
7. It is made clear that the order dated 25.03.2025 passed
by the Circle Officer, Rampur, Kaimur in Land Encroachment
Case No. 04/2024-25 shall remain in abeyance until the appeal is
decided by the District Magistrate-cum-Collector, Kaimur.
8. It is further made clear that if no appeal is filed by the
petitioner on or before 18.08.2025, in that event, the order of
abeyance shall lose its force.
9. Learned State Counsel is directed to communicate
the instant order to the Circle Officer, Rampur, Kaimur forthwith.
(Satyavrat Verma, J)
Kundan/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 30.07.2025
Transmission Date
