Baijanath Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1026 of 2025 ====================================================== Baijanath Singh S/o Late Jayanarayan Singh, R/o village and P.O.- Rasauli, P.S. and Circle- Piro, District - Bhojpur (Bihar), Pin Code- 802207. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Principal Secretary, Department of Revenue and Land Reforms, Govt. of Bihar, Patna.

3.

The District Magistrate-cum-2nd Appellate Authority, Pubilc Grievance Redressal, Bhojpur.

4.

The Sub-Divisional Officer, Piro (Bhojpur).

5.

The Circle Officer, Piro (Bhojpur.) 6.

Amit Kumar Singh, S/o Sri Anant Singh, R/o village- Rasauli, P.O. - Nonar, P.S. and Circle - Piro, District - Bhojpur (Bihar), Pin Code- 802207. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Anju Mishra, Dr. Chandra Shekhar Azad, Advocates.

For the Respondent/s :

Standing Counsel (26) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 15-04-2026 Heard the parties.

2. The Interlocutory Application has been filed challenging the notice issued to the petitioner bearing Memo No.3231 dated 30.12.2025 together with Memo No. 314 dated 04.02.2025 issued under the signature of Circle Officer, Piro, Bhojpur in Encroachment Case No. 01/2024-25.

3. It has next been submitted that the notices which have been issued to the petitioner in Encroachment Case No. 01/2024-25, does not indicate any details of the land, which is said to have been encroached by the petitioner and the notices

Patna High Court CWJC No.1026 of 2025(3) dt.15-04-2026 2/3 issued to this petitioner is vague, rather it could be said to be merely an eye-wash, which the authorities have undertaken before taking any coercive steps and the same needs to be interfered with by this Court.

4. On the other hand, learned counsel for the State, at this Stage, submits that he would be taking instruction in this case.

5. For the reasons stated in the Interlocutory Application No. 01 of 2026, the same is allowed and the challenge which is being made by this petitioner with respect to seeking quashing of Memo No.3231 dated 30.12.2025 along with Memo No. 314 dated 04.02.2025 issued under the signature of Circle Officer, Piro, Bhojpur in Encroachment Case No. 01/2024-25, is being taken up together by this Court for consideration.

6. Considering the submissions of the parties and upon perusal of the notices, which are under challenge, this Court is satisfied that the notices are vague and the prayer made by the learned counsel for the State for filing counter affidavit is rejected and the orders impugned are set aside by directing the Circle Officer, Piro, Bhojpur to issue fresh notice giving the details of the public land, which according to the authorities are

Patna High Court CWJC No.1026 of 2025(3) dt.15-04-2026 3/3 under encroachment by this petitioner or any encroachers, and on issuance of such notices, appropriate response shall be filed and after seeking the response, a final order shall be recorded and the same shall be communicated to the petitioner within a period of three months.

7. Accordingly, writ petition is disposed of. (Ajit Kumar, J) perwez U