PATNA, India, July 18 -- Patna High Court issued the following judgment on July 10:
Heard learned counsel for the petitioners and learned AC to SC-18 for the State.
2. Learned counsel appearing on behalf of the petitioners submits that the instant writ application has been filed for setting aside the notice dated 13.05.2025 issued under the signature of the Circle Officer, Mahishi Block, Mahishi, Saharsa whereby petitioners have been directed to remove the encroachment over the land pertaining to Khesra No. 6605, area 0.1.22 decimals, Thana No. 105, Thana Mahishi, District Saharsa on the ground that the land is public land. Further, for a direction upon the Circle Officer, Mahishi to appear before the learned Sub-Judge, Saharsa in light of notice issued vide order dated 17.05.2025 in Title Suit No. 362 of 2025.
3. Learned counsel for the petitioners submits that the land in dispute was sold by Bikku Kahar in the year 1908 to Kameshwar Singh and others vide sale deed no. 1448 dated 13.09.1908. Thereafter, the land in dispute was given to Sri Tarakant Jha Panda, by way of 'Dan Patra' (Annexure-P/1) by Kameshwar Singh and others. Thereafter, Tarakant Jha took possession of the land in dispute and constructed his house in the year 1979. It is further submitted that the land in the CS Khatiyan is recorded in the name of Bikku Kahar and the same was transferred vide registered sale deed in the name of Kameshwar Singh and others but on account of some mistake the land was recorded as public land (Anabad Bihar) in the year 1968 but then father of the petitioners were not aware of the said mistake. It is next submitted that the Circle Officer, Mahishi issued a notice dated 28.04.2025 which was received by the petitioners on 29.04.2025 and they were asked to appear on 04.05.2025 with all the relevant documents of the land in their support. The petitioners, accordingly, appeared before the Circle Officer, Mahishi and submitted the documents relating to the land which was kept by the Circle Officer, Mahishi. It is also submitted that thereafter petitioners filed Title Suit No. 362 of 2025 on 03.05.2025 which was admitted and notice has been issued. It is submitted that after the petitioners filed Title Suit No. 362 of 2025 on 03.05.2025 thereafter they again received notice dated 13.05.2025 impugned in the instant writ application directing the petitioners to demolish the dwelling house over the land in dispute.
4. Learned counsel for the petitioners submits that petitioners are not aware as to whether any encroachment proceeding was initiated against them for removing the encroachment. It is further submitted that though petitioners have received notice dated 13.05.2025 issued by the Circle Officer, Mahishi under Section 6 of the Bihar Land Encroachment Act, 1956 but the same also does not disclose the encroachment case number, as such, petitioners are not in a position to assail the final order, if any, in encroachment case. It is next submitted that prior to receiving the notice dated 13.05.2025, the petitioners have filed Title Suit No. 362 of 2025 on 03.05.2025 in the Court of learned Sub-Judge, Saharsa in which notices have been issued but then the Circle Officer, Mahishi has not appeared. It is also submitted that the house on the land in dispute is the only residential house of the petitioners and if the house is demolished in that event the petitioners would become homeless.
The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjMTEwNjMjMjAyNSMxI04=-Ricspo9zBEc=
Disclaimer: Curated by HT Syndication.
