The Patna High Court directed the Government of Bihar to halt eviction of Mahadalit woman Saroj Devi from a Musahar settlement in Begusarai. Justice Ajit Kumar passed the order while hearing her petition.
PATNA: The Patna High Court has instructed the Bihar government to halt the eviction of a woman from the Mahadalit community in Begusarai district until further notice.
Justice Ajit Kumar issued this directive following a petition filed by Saroj Devi, a resident of the Musahar settlement in Jaimangla Garh, located in the Cheriabariyarpur area of Begusarai. The Musahars are recognized as one of the state’s most marginalized Mahadalit communities.
The order stated:
“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.”
At this point, the state’s counsel requested an adjournment to obtain instructions that would inform the Court about the factual situation regarding whether the necessary proceedings under the Bihar Public Encroachment Act, 1956, have been initiated.
Justice Kumar concluded in the order.
“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 case will be heard on April 7,”
Factual Backgrounds and Submissions of Parties:
The Musahar community, to which the petitioner belongs, is considered one of the most socially and economically disadvantaged groups in Bihar. Recognized under the Mahadalit category, many families from this community reside in settlements that have long faced conflicts over land ownership and habitation rights. Disputes related to eviction and land titles frequently highlight the larger struggle of marginalized communities to obtain legal recognition for the land they inhabit.
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The matter came up before a Bench led by Justice Ajit Kumar while hearing a petition filed by Saroj Devi. She resides in a Musahar settlement at Jaimangla Garh in the Cheriabariyarpur region of Begusarai district.
In her plea, Saroj Devi challenged an eviction notice issued by local authorities, claiming that it was unwarranted. She asserted that the land occupied by the residents was not encroached property and that families living there possess locally issued land documents, commonly referred to as “parchas,” which acknowledge their right to reside on the land.
During the proceedings, counsel for the petitioner informed the court that officials had served a notice directing Saroj Devi to remove what they termed an encroachment. However, the lawyer argued that the notice had been issued without adhering to the procedure mandated under the Bihar Public Land Encroachment Act, 1956.
According to the petitioner’s submissions, the Circle Officer of Cheriabariyarpur directly issued a notice under Section 6(2) of the Act. The petitioner contended that this step bypassed the mandatory preliminary stage under Section 3 of the same law, which requires authorities to initiate formal proceedings before ordering eviction or removal.
The petitioner further argued that the authorities had treated the settlement as an illegal occupation without properly examining land records or the residents’ claimed rights over the property.
Appearing for the state government, its counsel sought additional time from the court to verify the facts. The lawyer informed the Bench that instructions would be obtained from concerned officials to determine whether the necessary proceedings under the Bihar Public Land Encroachment Act, 1956 had actually been initiated before the eviction notice was issued.
Accepting the request, the court granted time to the state authorities to place a clear factual position on record.
The High Court has fixed the next hearing of the case for April 7, when the state government is expected to clarify whether the prescribed legal procedure under the encroachment law was followed prior to issuing the eviction notice.
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