In Bihar, the government removes buildings, shops and walls that stand on public land. Before that, the person usually gets a notice under the Bihar Public Land Encroachment Act, 1956. Time is short, so it is important to know what the notice means and what you can do. This guide explains it in very simple words.
First, learn these words
- Encroachment (atikraman): using or building on land that belongs to the public or the government without permission.
- Public land: land of the Union or State Government, a local body, a Gram Panchayat, a railway, or land where the public has a right of use, such as a road or pond (Section 2(3)).
- Collector: the officer who hears the case. It includes an officer given this power by the State Government (Section 2(1)).
- Notice: the paper that tells you to appear and explain.
- Appeal: asking a senior officer to change the order.
- Writ petition: a case in the High Court asking it to correct an illegal action of a government officer (Article 226 of the Constitution of India).
What the law says, step by step
- Notice: the Collector sends a notice asking you to appear on a date that is not less than two weeks from the date you get the notice (Section 3(1)). If you cannot be found, the notice can be pasted on the land (Section 3(3)).
- Your reply: you can raise any defence you could raise in a civil suit (Section 4). For example: the land is your own raiyati land, or it is not public land.
- Hearing: the Collector hears the case (Section 5). If you do not appear, the case can be decided without you.
- Order: the Collector may drop the case or order removal (Section 6). If removal is ordered, the time given shall not be more than two weeks (Section 6(1)(e)).
- Removal: if you do not remove it, the Collector can remove it and recover the cost (Section 7).
- Appeal: an appeal lies to the Collector, or to the Divisional Commissioner if the Collector passed the order, within 30 days of the order. Delay can be excused for sufficient cause (Section 11).
- Review: the same officer can review an order for a mistake or error (Section 13).
6 easy things to do
- Read the notice date. Note the date you got it and the hearing date.
- Check your land record. Open https://emutation.bihar.gov.in/biharBhumireport/ViewJamabandi.aspx and see whether the land is in your name, with khata and khesra.
- Collect papers. Registry deed, jamabandi, rent receipts, old khatiyan, map, and photos of the place.
- Reply and appear. Give a written reply with the papers on the hearing date and take a received copy.
- If the order is against you, appeal within 30 days. Do not wait for the bulldozer.
- Meet an advocate early. The advocate checks whether the appeal is enough, or whether a writ petition in the Patna High Court is needed.
When the Patna High Court comes in
Section 16 says no suit lies in any court against an order under this Act. So a civil suit is not the route against such an order. In Rekha Devi v. State of Bihar, CWJC No. 3571 of 2023, decided on 17 April 2023, the Patna High Court described the procedure under the Act — reply under Section 4, hearing under Section 5, order under Section 6, appeal under Section 11 and review under Section 13 — and said the persons concerned would be dealt with in a fair procedure. Where that procedure is not followed, for example no notice, no hearing, or less than the time the law gives, a writ petition under Article 226 can be considered. The case status can be followed on the Patna High Court website.
An example
This is an imaginary example to explain the steps; it is not a real case.
Suresh runs a shop in his village. One day he gets a notice saying the shop is on public land.
- He notes the hearing date, which is more than two weeks away.
- He checks the jamabandi online. The plot is in his father's name.
- He gives a written reply with the deed, jamabandi and rent receipts, and attends the hearing.
- The Collector drops the case. If the order had gone against him, he would have filed an appeal within 30 days.
Every case is different. The officer and the court decide on the facts and the papers, so no result can be promised.
Frequently asked questions
How much time does the notice give?
The date to appear must not be less than two weeks from the date the notice is served (Section 3(1)).
How much time is given to remove the structure after the order?
Not more than two weeks (Section 6(1)(e)).
Can I appeal?
Yes, within 30 days of the order, to the Collector or the Divisional Commissioner, depending on who passed the order (Section 11).
Can I file a civil suit?
Section 16 says no suit or other legal proceeding lies in any court in respect of an order under this Act.
When can I go to the Patna High Court?
Where the procedure under the Act is not followed, such as no notice or no hearing, a writ petition under Article 226 can be considered.
This article is general information in simple words and is not legal advice or solicitation, in accordance with the rules of the Bar Council of India. The Act has been amended from time to time; check the current text and consult an advocate about your matter.
Related on this site: Writ petition in the Patna High Court · Property & Title · How to get mutation done
Official sources (links checked 9 November 2026): Bihar Public Land Encroachment Act, 1956 (bswa.bihar.gov.in) · Rekha Devi v. State of Bihar (Patna HC, 2023) · Constitution of India, Part VI · Patna High Court
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