Vinod Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7520 of 2026 ====================================================== 1.

Vinod Pandit S/o late Rajendra Pandit, Resident of Village - Madhopur, P.O. - Madhopur, P.S. - Madhopur, District- Gopalganj. 2.

Dukh Haran Pandit Son of Late Rajendra Pandit, Resident of Mohalla - Hathsarjanj, P.. Hajipur, P.S. Town Hajipur, District- Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar Through Principal Secretary Department of Revenue and Land Reforms Govt. of Bihar.

2.

The Collector-Cum-District Magistrate Gopalganj. 3.

The Additional Collector, Gopalganj.

4.

The Circle Officer, Barauli, District- Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjan Kumar Dubey, Advocate Mr. Kumar Gaurav, Advocate Ms. Sheshadri Kumari, Advocate Mr. Shashank Kashyap, Advocate For the Respondent/s :

Mr.Standing Counsel (11) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 28-07-2026 Heard Mr.Ranjan Kumar Dubey, learned counsel for the petitioners duly assisted Ms. Sheshadri Kumari and the State, Mr. Rewti Kant Raman.

2. The present petition has been preferred for the following relief/s:

(i) for issuance of writ in the nature of certiorari for quashing the notice dated 14.04.2026 issued under the signature of Circle Officer, Barauli, District Gopalganj by which he has directed the petitioners to

2/4 produce the evidence in respect of land situated at Madhopur, Thana No. 236, Khata No. 60, Khesara No. 1904, Area 1 Acre 52 decimals by 20.04.2026 at about 11:00 A.M otherwise proceeding will be initiated under the provisions of Public Land Encroachment Act;

(ii) for issuance of writ in the nature of command directing the respondents to maintain status quo over the land in question till final disposal of the instant writ petition; (iii) for any other relief/reliefs for which petitioner deemed entitled to.

3. Learned counsel for the petitioners has taken this Court to the notice issued by the Circle Officer, Barauli, Gopalganj to show that it is cryptic in nature inasmuch as no letter no. and date has been recorded. Further, a consolidated notice has been issued that there is encroachment of 01 acre 52 decimals.

4. In support of the case, learned counsel has produced the order dated 20.07.2026 in the case of Ramjit Mahto vs. the State of Bihar & Ors. (C.W.J.C. No. 7739 of

3/4 2026).

4. Learned State counsel submits that all these points could have been taken before the Circle Officer, Barauli, Gopalganj.

5. This Court is of the view that when the notice is incomplete, it has to go the case Ramjit Mahto (supra) arises out of the same notice and paragraphs 04 to 06 read as under:

4. Learned counsel for the petitioner submits that though notice has been issued, the case number/year is missing and as such, it is impossible to answer to the notice.

5.Though the counter affidavit has not come, learned State counsel also acknowledges that the case number/year is not present.

6. In that background, the same order is passed in the present case.

7. The notice dated 14.04.2026 issued by the Circle Officer, Barauli (Gopalganj) in which no case number/year stands incorporated, stands quashed.

8. The Circle Officer, Barauli, Gopalganj is free to

4/4 take recourse to issuance of fresh notice after taking corrective measures.

09. The writ petition stands disposed of with the aforesaid observations.

10. Liberty is granted to the Circle Officer, Barauli Gopalganj to issue a fresh notice in accordance with law. (Rajiv Roy, J) Ravi/- U