Patna High Court
CWJC/1501/2019 of Badri Prasad @ Badri Rai Vs The State Of Bihar and Ors on 18 August 2026
COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1501 of 2019 ====================================================== Badri Prasad @ Badri Rai Late deonath Rai Resident of Mohalla-Bigrahpur, Police Station-Jakkanpur, Patna, District-Patna-800001. ... ... Petitioner/s Versus 1. The
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1501 of 2019
======================================================
Badri Prasad @ Badri Rai Late deonath Rai Resident of Mohalla-Bigrahpur, Police Station-Jakkanpur, Patna, District-Patna-800001.
... ... Petitioner/s
Versus
1.
The State Of Bihar and Ors through the Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna-800001
2.
The Divisional Commissioner, Patna Division Patna
3.
The Collector-Cum-District Magistrate, District Collectariat, Patna, District Patna.
4.
The Senior Superintendent of Police, District Patna
5.
The Sub-Divisional Officer, Sadar Patna District Patna
6.
The Deputy Collector of Land Reforms (D.C.L.R.), Sadar Patna, District Patna
7.
The Circle Officer, Circle-Phulbari, District Patna
8.
The Circle Inspector, Circle-Phulbari, District Patna
9.
The Anchal Amin, Circle-Phulbari, District Patna
10.
Mangal Raj Late Ramji Rai Mohalla Bigrahpur, Police Station-Jakkanpur, Patna, District-Patna-800001
... ... Respondent/s
Appearance :
For the Petitioner/s
:
Mr. Jayram Sharma, Adv.
Mr. Dhananjay Kumar, Adv.
Mr. Vijay Kumar, Adv.
For the Respondent/s
:
Mr. Subash Chandra Yadav, Adv.
For State
:
Mr. Dhurjati Kr. Pd., G.P-14
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJ KUMAR
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ORAL ORDER
18-08-2026 Heard learned counsel for the petitioner as well as learned counsel appearing on behalf of the State.
2. In the present case, the petitioner has challenged the orders passed by the learned Collector-cum-District Magistrate, Patna, bearing Encroachment Appeal Case No. 02/2018-19, as well as order dated 08.03.2018 passed by the
Circle Officer, Phulbari, Patna bearing Encroachment No.- 19/7 of 2017-18, whereby the petitioner has been directed to be removed from the land in question.
3. Learned counsel for the petitioner has submitted that the land in question has already been settled in favour of the ancestors of the petitioner by virtue of decree passed in a title suit. It has further been submitted that, accordingly, the Jamabandi is running in their favour and, till date, they have been paying rent and obtaining rent receipts in respect of the land in question.
4. Learned counsel for the petitioner has further submitted that the orders passed by the learned Circle Officer (respondent no.7) as well as the appellate authority have not properly taken into consideration the documents produced by the petitioner. According to the learned counsel the said documents establish that the land in question had already been settled in favour of the ancestors of the petitioner and that a decree had also been passed in the title suit, which goes to establish their respective title over the land in question.
5. Learned counsel appearing on behalf of the State, however, has vehemently argued that since the land in question is a public land, the claim raised by the petitioner is not sustainable. The matter be remanded back to the Circle Officer (respondent no. 7) for a fresh decision. Learned counsel appearing on behalf of the petitioner submits that earlier also an encroachment proceedings was initiated against the father and the uncle of the petitioner and proceedings came to be dropped on 22.10.1965 as stated in paragraph-5 of the application which is marked as Annexure-2 order and the said order in the encroachment proceeding in favour of the petitioner was never challenged by the State.
6. Taking into consideration the entire facts and circumstances of the case, the orders passed by the Appellate authority dated 16.11.2018, Encroachment Appeal Case No.- 02/2018-19 as well as the order passed by the Circle Officer (respondent no. 7) Patna dated 08.03.2018 bearing Encroachment Case No.-19/7 of 2017-18, are hereby quashed.
7. The matter is remanded back to the Circle Officer (respondent no. 7) to decide the case of the petitioner afresh within a period of three months from the date of representation of the petitioner
8. The petitioner shall make a detailed application before the concerned authority, enclosing the relevant documents in question, in favour of the claim of the petitioner.
9. The Circle Officer (respondent no. 7) shall thereafter proceed to decide this issue, after hearing the parties, in accordance with law.
10. The Circle Officer (respondent no. 7), Phulbari , Patna is further directed to decide the case of the petitioner as per the directions and guidelines which has been laid down by this Court in CWJC No. 526/2015, Ashrafi Yadav, and while considering the claim of the petitioner, shall take into consideration paragraphs 26 to 30 of the said order.
11. The entire exercise shall be completed within a period of three months after hearing all the relevant parties and in accordance with law.
12. Till such adjudication, status quo as of today shall be maintained between the parties.
13. Accordingly, the present matter stands disposed of with the observations made aforesaid.
Prachi/- (Raj Kumar, J) U