Patna: The Patna high court, expressing concern over the rising number of writ petitions challenging frivolous encroachment cases involving mostly “raiyati” land on which rent is being paid to the state govt, has directed collectors and circle officers across Bihar to verify the nature of land before proceeding against alleged encroachers.A single bench of justice Raj Kumar, while allowing a writ petition filed by Asharfi Yadav, directed collectors and circle officers to first ascertain whether a “bona fide dispute about nature of land in question exists or not”. If not, only then should encroachment proceedings be taken forward.The court quashed orders passed by the circle officer, Lokahi, and the collector, Madhubani, declaring Asharfi an encroacher on raiyati land on which he and his forefathers had paid rent to the state govt for more than seven decades.The judgment was delivered on Aug 10 and a copy became public on Friday.Justice Raj Kumar observed that revenue officials were not following the enquiry procedure prescribed under the Bihar Public Land Encroachment Act, 1956. He said officials were proceeding without a preliminary enquiry into alleged encroachments, causing harassment to land holders.
