IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19381 of 2017 ====================================================== Sanjay Raut @ Sanjay Kumar Son of Late Madan raut, Resident of Village- Rampur, P.S. Sakurabad, District-Jehanabad. ... ... Petitioner/s Versus 1. The State Of Bihar and Ors 2. The District Magistrate, Jehanabad. 3. The Circle Officer, Ratni Faridpur, District Jehanabad ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar, Adv. For the Respondent/s : Mr. Subhash Chandra Yadav, GP-15 For State : Mr. Dhurjati Kr. Pd., GP-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJ KUMAR ORAL ORDER 4 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 filed the present writ application seeking a direction for quashing the notices dated 18.12.2017 and 16.04.2018, which have been brought on record by way of an interlocutory application and have been issued by the Circle Officer, Ratni Faridpur, District- Jehanabad, whereby petitioner has been directed to remove the encroachment of Khata No. 101, Plot No. 60. It has further been stated that, in the event of any failure on part of the petitioner to do so, the encroachment shall be removed by the administration. 3. Learned counsel for the petitioner has submitted that the proceedings under the Bihar Public Land Encroachment Patna High Court CWJC No.19381 of 2017(4) dt.18-08-2026 2/4 Act cannot be initiated against the petitioner in respect of the land in question, as the same had already been settled in favour of the father of the petitioner. It has further been submitted that a Jamabandi is also running in the name of the petitioner’s father and rent receipts have also been issued by the concerned authorities. Learned counsel has further submitted that the encroachment proceedings are still pending. 4. Learned counsel for the State also has not disputed the aforesaid position. 5. Taking into consideration the relevant facts and the arguments advanced on behalf of the parties, this Court finds that, since the Bihar Public Land Encroachment Proceeding No. 06/2017-18, which has been initiated against the petitioner and others, has not yet attained finality, it would be just and proper to grant an opportunity to the petitioner to appear before the concerned Circle Officer (respondent no. 3) and place on record all relevant facts and documents in support of his claim. 6. The petitioner shall file a detailed show-cause/reply before the concerned Circle Officer (respondent no. 3), enclosing therein the relevant documents showing settlement of the land in favour of the father of the petitioner. 7. The Circle Officer (respondent no. 3) Ratni Patna High Court CWJC No.19381 of 2017(4) dt.18-08-2026 3/4 Faridpur, Jehanabad, is directed to consider the grievance of the petitioner in accordance with the directions and guidelines laid down by this Court in CWJC No. 526/2015. Paragraph 26 to 30 of the said order shall duly be taken into consideration by the Circle Officer (respondent no. 3) while passing this order. The object and effect of the aforesaid order is that proceedings under the Bihar Public Land Encroachment Act ought not to be initiated against the persons who are in possession of their raiyati lands by virtue of valid settlement. The Circle Officer (respondent no. 3) Ratni Faridpur, Jehanabad is, therefore, directed to ensure full compliance with the order passed in CWJC No. 526/2015 while considering the grievance/show-cause reply of the petitioner. 7. The entire exercise shall be carried out by the Circle Officer (respondent no.3) Ratni Faridpur, Jehanabad, after hearing all the concerned parties and in accordance with law. Till such exercise is completed and a final order is passed by the Circle Officer (respondent no. 3), Ratni Faridpur, Jehanabad the status quo, as it exists today, shall be maintained. 8. It is also made clear that the petitioner shall duly cooperate in the proceedings before the concerned Circle Officer/ Respondent No. 3, Ratni Faridpur, Jehanabad and shall Patna High Court CWJC No.19381 of 2017(4) dt.18-08-2026 4/4 produce all the relevant documents in support of his claim. 9. Learned counsel for the State has argued that the land in question in dispute is a public land and therefore, the authorities can pass any order with regard to the encroachments. 10. All aforesaid issues shall be considered by the Circle Officer (respondent no. 3) Ratni Faridpur, Jehanabad, while deciding the case of the petitioner within a period of three months from the date of filing of such show cause reply by the petitioner. 11. In case the proceedings have concluded and a final order has been passed under Section 6(i) of the Bihar Public Land Encroachment Act, the petitioner shall avail the remedy of appeal under Section 11 of the said Act and raise all the points before the Appellate Authority. 12. With the aforesaid observations, the present writ application stands disposed of. Prachi/- (Raj Kumar, J) U