IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1634 of 2025 ====================================================== 1. Surendra Pandit Son of Nathu Pandit Resident of Village-Birnighariya, P.O. Pathra, P.S.-Barahat Distt.- Banka. 2. Nathu Pandit Son of Late Sikandar Pandit @ Koko Pandit Resident of Village-Birnighariya, P.O. Pathra, P.S.-Barahat Distt.- Banka. 3. Mani Shankar Pandit Son of Late Dinesh Pandit Resident of Village- Birnighariya, P.O. Pathra, P.S.-Barahat Distt.- Banka. 4. Ashok Pandit Son of Late Suresh Pandit Resident of Village-Birnighariya, P.O. Pathra, P.S.-Barahat Distt.- Banka. 5. Lal Kishore Pandit Son of Late Suresh Pandit Resident of Village- Birnighariya, P.O. Pathra, P.S.-Barahat Distt.- Banka. 6. Upendra Pandit Son of Late Gulgul Pandit Resident of Village-Birnighariya, P.O. Pathra, P.S.-Barahat Distt.- Banka. ... ... Petitioner/s Versus 1. The State of Bihar through the Collector Banka. 2. The Collector of the District (DM), Banka. 3. The Additional Collector, Banka. 4. The Circle Officer (CO), Barahat, District-Banka. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Kumar Malendu, Adv. For the State : Mr. Ramadhar Singh (GP 25) ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH KUMAR ORAL ORDER 2 06-07-2026 Heard Mr. Kumar Malendu, learned Advocate for the petitioners and Mr. Ramadhar Singh, learned G.P. 25 for the State. 2. The petitioner in the present writ application has prayed for following relief/reliefs :- (i) Quashing/setting-aside the impugned notices dated 15.11.24 (Anx-P/3 series) issued by the Resp. No.4 under the Bihar Land Encroachment Patna High Court CWJC No.1634 of 2025(2) dt.06-07-2026 2/4 Act, 1956 in Land Encroachment case no. 03/2024- 25 whereby direction has been issued to the petitioners to appear before him on 30.11.24 along with all relevant land papers with respect to the lands in question, otherwise the same shall be evicted. (ii) Directing the Repondents - authorities to drop the said proceedings as the same has illegally been initiated encroachment proceeding against the raiyati lands of the petitioners. (iii) Holding and declaring that the lands in question are not a public land, but out and out, a raiyati & personal lands of the petitioners, and there is no encroachment at all on the said lands by any of the petitioner. (iv) Holding and declaring that without hearing/deciding the objection of the petitioners the Ld. CO had no jurisdiction to pass the oral order of eviction against the petitioners. (v) Holding and declaring that Respondents-authorities have no power to initiate encroachment proceeding against the petitioners without cancelling the long standing Jamabandis which is still running with respect to the lands in question, the remedy for the state authorities are to file civil suit. (vi) Restraining the Respondents- authorities not to evict the petitioners over their raiyati lands in question till pendency of this writ application before this Hon'ble Court. (vii) Granting any other relief/reliefs for which the petitioner may be found entitled to. 3. In the present writ application, the petitioner is mainly aggrieved by the impugned notice dated 15.11.2024 which forms as Annexure P/3 series, issued by the respondent no. 4 under the Bihar Land Encroachment Act, 1956 in Land Encroachment Case No. -03 of 2024-2025. It has been contended on behalf of the petitioners that a detailed reply has Patna High Court CWJC No.1634 of 2025(2) dt.06-07-2026 3/4 been submitted by them and the same has been received by the office of learned Circle Officer, Barahat, Banka on 30.11.2024 which forms as Annexure- P/4 to the writ application. 4. On instructions, it was informed by learned counsel appearing on behalf of the State that the respondent authorities have already kept the proceedings of Encroachment Case No. 03 of 2024-2025, in abeyance, till further orders. 5. Thereafter, the learned counsel appearing on behalf of the petitioners, above named, has submitted that the respondent authorities, after putting into abeyance the impugned notices in Encroachment Case No. 03 of 2024-2025 has initiated a fresh proceeding for cancellation of jamabandi of raiyati land created in their favour and admits that they have received the notices in the connected jamabandi cancellation case and it is not on record. 6. After hearing the parties, this Court finds that the present writ application filed by the above named petitioners is bereft of necessary pleadings for proper adjudication of matter. 7. Accordingly, the present writ application is disposed of with liberty to petitioners to file a fresh writ application bringing on record all necessary pleadings including the copy of notices received by it in cancellation of jamabandi Patna High Court CWJC No.1634 of 2025(2) dt.06-07-2026 4/4 proceeding initiated by the Circle Officer, Barahat, if any. Ashwin/- (Vikash Kumar, J) U