Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1795 of 2025 ====================================================== Dhiraj Kumar Son of Late Vijay Kumar R/o Village and P.O. Poawan, P.S. Masaurhi, District-Patna, Pin Code-804452, Mobile No.8809989089. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Collector, Patna.

3.

The Sub Divisional Officer, Patna.

4.

The SSP, Patna.

5.

The DCLR Masaurhi, District-Patna.

6.

S.D.M. Masaurhi, District-Patna.

7.

The Circle Officer, Masaurhi, District-Patna. 8.

Mritunjay Kumar @ Sheth ji Son of Late Harivansh Singh, Present Mukhiya Nura Gram Panchayat, Village-Nahwan, P.O. Hansadih, P.S. Masaurhi, District-Patna.

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

For the Petitioner/s :

Mr. Abhishek Kumar, Adv.

For the Respondent/s :

Mr. Jitendra Kumar Roy, SC-13 Ms. Usha Kumari Singh, AC to SC-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-02-2025

1. Heard learned counsel for the petitioner and learned SC-13 Mr. Jitendra Kumar Roy.

2. The learned counsel for the petitioner submits that the land pertaining to Khata No.199, Plot No.24, Area 50 decimal at Mauza-Nura, Thana- Masaurhi, District- Patna is raiyati land of the petitioner. It is next submitted that Jamabandi No.24 was created with respect to the land in dispute in the name of Tara Devi @ Kanti Devi i.e. mother of the petitioner and the petitioner. It is next submitted that a Panchayat Bhawan

Patna High Court CWJC No.1795 of 2025(2) dt.27-02-2025 2/3 is being constructed on the land of the petitioner without acquiring the same. It is also submitted that petitioner being aggrieved by the fact that Panchayat Bhawan is being constructed on his land without acquiring the same, petitioned the District Magistrate, Patna vide his representation dated 12.12.2024 (Annexure-1) but then no action was taken. It is further submitted that rent receipts with respect to the land is being issued in the name of Tara Devi @ Kanti Devi i.e. mother of the petitioner as would manifest from Annexure-3 to the writ application. It is next submitted that the Circle Officer also issued Land Possession Certificate with respect to the land in dispute as would manifest from Annexure-4 to the writ application. It is submitted that though representation on behalf of the petitioner has been filed before the District Magistrate, Patna on 12.12.2024 but till date no action has been taken and the construction of Panchayat Bhawan over the land of the petitioner is continuing.

3. The learned counsel appearing on behalf of the State submits that the writ application can be disposed of with a direction to the District Magistrate, Patna to consider and dispose of the representation of the petitioner dated 12.12.2024 (Annexure-1) but then submits that it might be a possibility that

Patna High Court CWJC No.1795 of 2025(2) dt.27-02-2025 3/3 the representation of the petitioner may not be located in the office of the District Magistrate, Patna, on which, the learned counsel appearing on behalf of the petitioner submits that the petitioner will file a fresh representation on or before 05.03.2025.

4. After hearing the learned counsel for the parties, the writ application is disposed of with liberty to the petitioner to file a fresh representation before the District Magistrate, Patna on or before 05.03.2025, in the event, if any representation is filed by the petitioner on or before 05.03.2025 before the District Magistrate, Patna, the District Magistrate, Patna is obliged to consider and dispose of the representation of the petitioner in accordance with law within a further period of one month.

5. It is made clear that till representation of the petitioner is not disposed of by the District Magistrate, Patna no further construction of Panchayat Bhawan on the land in dispute shall proceed.

(Satyavrat Verma, J) amit/- U