Uday Narayan Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2360 of 2025 ====================================================== Uday Narayan Jha Vijendra Narayan Jha Resident of village- Ramnagar, P.O.- Rebra, P.S.- Khanpur, District- Samastipur ... ... Petitioner/s

Versus

1.

The State of Bihar through its Chief Secretary, Govt. of Bihar, Patna. 2.

The Addl. Chief Secretary, Panchayati Raj Department, Govt. Of Bihar, Patna.

3.

The Addl. Chief Secretary, Planning and Developifient Department, Govt. Of Bihar, Patna 4.

The Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna 5.

The Collector, Samastipur, District- Samastipur 6.

The Sub Divisional Officer, Samastipur Sadar, District. Samastipur. 7.

The Block Development Officer, Khanpur Block, District- Samastipur 8.

The Circle Officer, Khanpur Block,, District- Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raja Ram Mishra, Advocate For the Respondent/s :

Mr. A.B. Sinha, G.A.-8 Ms. Kalpana, AC to GA-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-02-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed for a direction to the respondents to deliver physical possession of land to the petitioner which has been forcibly acquired to construct Panchayat Bhawan of Khanpur Uttray Panchayat by the respondents measuring 33 decimals situated in Mauja Jnjitpur, having Thana No. 212, Khata No. 17 (old), 381 (new),

Patna High Court CWJC No.2360 of 2025(2) dt.18-02-2025 2/3 Khesra No. 1304 (old), 1484 (new), Circle- Khanpur, P.S. -Khanpur, District -Samastipur.

2. The present writ petition has been filed seeking a direction to the respondents to deliver physical possession of the land to the petitioner, which was forcibly acquired by the respondents for the construction of the Panchayat Bhawan of Khanpur Uttari Panchayat. The land measures 33 decimals and is situated in Mauja Jnjitpur, with Thana No. 212, Khata No. 17 (old), 381 (new), Khesra No. 1304 (old), 1484 (new), CircleKhanpur, P.S. -Khanpur, District - Samastipur.

3. Learned counsel for the petitioner submits that the land in question is raiyati land of the petitioner, and the respondent is wrongfully taking forceful possession of the same. Learned counsel further submits that the petitioner's claim is based on a sale deed executed on 27.11.2024 by seven individuals, namely, Sri Nawal Jha, Sri Bimal Bihari Jha, Sri Kaushal Kishore Jha, Sri Awadh Kishore Jha, Sri Subodh Jha, Sri Rambinod Jha, and Sri Manoj Kumar Jha. Learned counsel also submits that the names of their ancestors, Khublal Jha and Manohar Jha, are recorded in the Cadastral Survey of Rights. Learned counsel further submits that several representations have been filed by the petitioner, as contained in Annexures P/5

Patna High Court CWJC No.2360 of 2025(2) dt.18-02-2025 3/3 and P/6 to the writ petition.

4. On the other hand, learned counsel for the State has raised a preliminary objection and submits that the petitioner has already filed a representation before the competent authority. According to counsel for the State, the Government of Bihar has issued Resolution No. 6@[kk0 e0 fofo/k 1⁄4c0 ekfyd1⁄2&01@2013&9251⁄461⁄2jk0] dated 11-11-2014, which vests power in the Collector to consider such matters. Therefore, the petitioner may be directed to file a fresh representation before the Collector for redressal of his grievance.

5. In the present facts and circumstances, the petitioner is directed to file a fresh representation before respondent No. 5, namely, the Collector, Samastipur, within 30 days from today, along with all relevant claims and supporting documents. The Collector is further directed to pass an order on the petitioner's representation within 90 days thereafter.

6. With the aforesaid observation and direction, the writ petition stands disposed off.

(Dr. Anshuman, J) Ashwini/- U