Bhagwan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1517 of 2025 ====================================================== 1.

Bhagwan Singh, S/o Late Lakshmi Narayan Singh, Resident of Village - Deoriya, Post - Bidauli, P.S. - Masaurhi, District - Patna, Bihar. 2.

Bhola Yadav, S/o Late Surya Narayan Yadav, Resident of Village - Deoriya, Post - Bindauli, P.S. - Masaurhi, District - Patna, Bihar. 3.

Vinod Kumar, S/o Late Rambabu Singh, Resident of Village - Deoriya, Post - Bindauli, P.S. - Masaurhi, District - Patna, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Additional Chief Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

3.

The Director General of Police, Bihar, Patna. 4.

The District Magistrate, Patna, Bihar.

5.

The Senior Superintendent of Police, Patna.

6.

The Sub-Divisional Officer, Masaurhi, Patna, Bihar. 7.

The Circle Officer, Masaurhi, Patna.

8.

The S.H.O. Masaurhi Police Station, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhimanyu Deo, Advocate For the Respondent/s :

Mr. U.S.S. Singh, GP-19 Mr. Uday Bhan Singh, AC to GP-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-03-2025 Heard learned counsel for the petitioners and learned GP-19 for the State.

2. The Circle Officer, Masaurhi, in compliance of the order dated 20.03.2025, is present in the Court.

3. Learned counsel for the petitioners submits that the land in dispute, in the present case, pertains to Khata No. 130, Khesra No. 876 and 960, Block Masaurhi, Halka Dewariya, Thana No. 230, Tauzi No. 4438, Mauza Dewariya, area 1 acre

Patna High Court CWJC No.1517 of 2025(3) dt.21-03-2025 2/3 38.25 decimals, district Patna. It is further submitted that the land in dispute is the ancestral property of the petitioners and Jamabandi No. 83/1 was created in the name of Ram Babu Yadav, the father of petitioner no. 3 and thereafter Land Possession Certificate was also issued in favour of the father of petitioner no. 3 as would manifest from Annexure-2 to the writ application and the petitioners are coming in possession over the land since long. It is next submitted that prior to creation of Jamabandi No. 83/1 in the name of Ram Babu Yadav, the Jamabandi of the land was recorded in the name of Ram Chandra Singh, the grandfather of the petitioners. It is also submitted that the Circle Officer, Masaurhi has passed an oral order directing Masaurhi Police Station not to allow the petitioners to make any construction over the land in dispute.

4. The Circle Officer, Masaurhi is present in the Court who vehemently denies the said submission of the learned counsel appearing on behalf of the petitioners and submits that no oral direction has been given to the police for restraining the petitioners from making any construction over the land but then submits that the land in dispute, in the instant writ application, is government land, as such, he has sent a recommendation to the Additional Collector, Patna for getting the Jamabandi cancelled

Patna High Court CWJC No.1517 of 2025(3) dt.21-03-2025 3/3 on which learned counsel appearing on behalf of the petitioners submits that when petitioners will receive the notice in Jamabandi Cancellation Case, they will contest.

5. Learned counsel for the petitioners submits that petitioners were restrained by the Station House Officer, Masaurhi Police Station from making any construction over the land in dispute, as such, they had moved this Court but since the Circle Officer, Masaurhi has made categoric submission that no direction has been issued to the Station House Officer, Masaurhi Police Station for restraining the petitioners from making any construction on the land, as such, he seeks permission to withdraw the instant writ application.

6. Permission is accorded.

7. Accordingly, the writ application is dismissed as withdrawn.

8. The personal appearance of the Circle Officer, Masaurhi is dispensed with.

(Satyavrat Verma, J) Kundan/- U