The Patna High Court has directed the Bihar government to halt the eviction of a woman belonging to the Mahadalit community from a settlement in Begusarai district until further orders. The interim protection was granted while the court seeks clarification from the state on whether the statutory procedure under the Bihar Land Encroachment Act, 1956 was followed.
The order was passed on Tuesday by a bench of Justice Ajit Kumar while hearing a petition filed by Saroj Devi, a resident of a Musahar settlement at Jaimangla Garh in the Cheriabariyarpur area of Begusarai. The Musahars are among the most deprived communities within the state’s Mahadalit category.
According to the petitioner, officials initiated eviction action without following the mandatory process prescribed under the Bihar Land Encroachment Act, 1956. Her counsel argued that the Circle Officer of Cheriabariyarpur issued a notice under Section 6(2) of the Act directing removal of the alleged encroachment without first initiating proceedings under Section 3 of the statute.
The court order recorded the petitioner’s submission, stating:
“Learned counsel for the petitioner submits that without initiating proceedings under Section 3 of the Bihar Land Encroachment Act, 1956 (for brevity ‘Act of 1956’), the Circle Officer, Cheriabariyarpur, straightaway issued a notice under Section 6(2) of the Act of 1956 and directed the petitioner to remove the encroachment, which according to the petitioner, is not an encroachment over public land but rather they are parcha holders.”
Saroj Devi contended that the land in question is not public land and that the residents possess parchas, indicating entitlement to occupy the property.
During the hearing, counsel appearing for the state requested time to obtain instructions and clarify whether the procedures required under the Bihar Public Encroachment Act, 1956 had been properly initiated.
The court noted that the state needed time to ascertain the factual position regarding the proceedings.
Taking note of the state’s request, Justice Ajit Kumar adjourned the matter for four weeks and directed that eviction should not be carried out in the meantime.
The order stated:
“On the submissions made by the counsel for the state, this case is being adjourned for four weeks and the state counsel is expected to inform the circle officer, Cheriabariyarpur, not to implement the removal of the encroachment until the next date of hearing.”
The matter is scheduled to be heard again on April 7, when the state government is expected to inform the court about the status of proceedings under the Bihar Land Encroachment Act.
