Court Cites Non-compliance with Procedural Requirements under Bihar Land Encroachment Act, 1956
The Patna High Court has temporarily halted the enforcement of a notice issued by the Circle Officer, Cheribariyrpur, directing the removal of alleged encroachments by Saroj Devi. The petitioner challenged the notice, arguing that it was issued without initiating the mandatory proceedings under Section 3 of the Bihar Land Encroachment Act, 1956. This procedural oversight has led to the court's intervention, highlighting the importance of adhering to statutory requirements before taking administrative actions.
The case, presided over by Mr. Ajit Kumar, J., focused on the procedural lapses by the state authorities. The petitioner's counsel, Mrs. Akanksha Malviya, asserted that Saroj Devi was a legitimate parcha holder, substantiated by relevant documents, and not an illegal encroacher on public land. The counsel contended that the notice under Section 6(2) of the Act was issued without the prerequisite proceedings under Section 3, which is a violation of the due process.
The State's counsel requested an adjournment to obtain instructions and verify whether the necessary legal procedures were followed before issuing the notice. The court has adjourned the case for four weeks, expecting the State counsel to instruct the Circle Officer not to implement the notice dated January 27, 2026, until the next hearing scheduled for April 7, 2026.
The judgment underscores the judiciary's role in ensuring administrative actions conform to legal standards, particularly regarding land encroachment issues. This case serves as a reminder to governmental bodies about the importance of following established legal procedures to avoid potential miscarriages of justice.
Bottom Line:
Proceedings under Section 3 of the Bihar Land Encroachment Act, 1956 must be initiated before issuing a notice under Section 6(2) of the Act. A notice directing removal of encroachment without following due process under Section 3 is not justified.
Statutory provision(s):
Bihar Land Encroachment Act, 1956 Sections 3 and 6(2)
Saroj Devi v. State of Bihar, (Patna) : Law Finder Doc id # 2864497
