CourtOrder – Patna High Court Halts Eviction of Mahadalit Woman in Begusarai
CourtOrder – The Patna High Court has directed the Bihar government to temporarily stop the eviction of a Mahadalit woman from a settlement in Begusarai district. The court issued the order while hearing a petition that raised concerns about the legality of the eviction process and whether the proper legal procedures had been followed.
Petition Filed by Resident of Musahar Settlement
The direction came from a bench led by Justice Ajit Kumar on Tuesday. The court was hearing a plea filed by Saroj Devi, who lives in a Musahar settlement located at Jaimangla Garh in the Cheriabariyarpur area of Begusarai district.
In her petition, Saroj Devi argued that the eviction notice issued by local authorities was unjustified. She maintained that the land in question was not illegally occupied and that residents like her possess valid land documents known locally as parchas, which recognize their right to stay on the land.
Dispute Over Application of Land Encroachment Law
During the hearing, the petitioner’s counsel informed the court that officials had issued a notice asking Saroj Devi to remove what they described as an encroachment. However, the lawyer contended that the notice was issued without following the mandatory procedure outlined under the Bihar Land Encroachment Act, 1956.
According to the submission, the Circle Officer of Cheriabariyarpur directly served a notice under Section 6(2) of the Act. The petitioner’s side argued that this action skipped the initial step required under Section 3 of the same law, which mandates the beginning of formal proceedings before any eviction or removal action can be taken.
The petitioner maintained that the authorities treated the settlement as an illegal occupation without verifying the land records and the rights of the residents.
State Seeks Time to Verify Facts
Representing the state government, the counsel requested additional time from the court to verify the facts of the case. The state lawyer informed the bench that instructions would be sought from relevant officials to clarify whether proper proceedings under the Bihar Public Land Encroachment Act, 1956 had actually been initiated before issuing the eviction notice.
The court accepted the request and agreed to grant time for the state authorities to present a clearer factual position regarding the matter.
Court Orders Temporary Halt on Eviction
While adjourning the matter, Justice Ajit Kumar directed that no eviction action should be carried out against the petitioner until the next hearing. The court specifically instructed the state counsel to communicate with the Circle Officer of Cheriabariyarpur and ensure that the removal notice is not enforced for the time being.
This temporary relief means that Saroj Devi cannot be forced to vacate the settlement until the court examines the issue in detail.
Background of the Musahar Community
The Musahar community, to which the petitioner belongs, is among the most socially and economically marginalized groups in Bihar. Classified under the Mahadalit category, many families from the community live in settlements that have historically faced disputes related to land ownership and habitation rights.
Cases involving eviction and land rights often bring attention to the broader challenges faced by marginalized communities in securing legal recognition for the land they occupy.
Next Hearing Scheduled for April
The High Court has scheduled the next hearing in the matter for April 7. During that hearing, the state government is expected to present information about whether the proper legal procedure under the encroachment law was followed before issuing the notice.
The court will review these details before deciding the next course of action in the case.