Surendra Prasad @ Surendra Mahto And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18821 of 2018 ====================================================== 1.1. Bipin Kumar Son of Late Surendra Prasad, Resident of Village - Narayanpur, P.S. - Barbigha, District- Sheikhpura. 1.2. Sanjay Kumar Son of Late Surendra Prasad, Resident of Village - Narayanpur, P.S. - Barbigha, District- Sheikhpura. 2.1. Sharda Devi Widow of Late Arvind Kumar, Resident of Village - Narayanpur, P.S. - Barbigha, District- Sheikhpura. 3.

Ram Vilash Prasad Sinha, son of Late Daroga Mahto, All resident of VillageMarayanpur, P.S.- Barbigha, District- Sheikhpura. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Additional District Magistrate, Sheikhpura. 3.

The District Land Acquisition Officer, Sheikhpura. 4.

The Deputy Collector Land Reform, Sheikhpura. 5.

The Circle Officer, Barbigha, Sheikhpura.

6.

The Director, Nursery, State of Bihar.

7.

District Nursery Offiocer, Sheikhpura.

8.

The Additional Chief Secretary, Revenue and Land Reforms Department, Bihar, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Devendra Kumar Sinha, Sr. Advocate :

Mr. Abhinay Raj, Advocate For the State :

Mrs. Nutan Sahay, AC to AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-09-2025 Learned counsel for the petitioners pray for and is allowed to implead the Additional Chief Secretary, Revenue and Land Reforms Department, Bihar, Patna as respondent no.8 in course of the day.

2. Heard Mr. Devendra Kumar Sinha, learned counsel for the petitioners and Mrs. Nutan Sahay, learned AC to AAG-

2/4 12 representing the State.

3. The present petition has been preferred for the grant of following relief(s):

"to restrain the respondents from interfering with peaceful right, title interest and possession of petitioners and further to alienate or convert, the feature of land in question, quashing the notice issued by respondents Circle Officer contained in memo no. 145 dated 28.02.2017, order dated 15.12.2017 passed in Misc. Case No. 526110110101701374 issued under letter no. 03862 by respondent SubDivisional, Public grievance redressal Officer Sheikhpura and order communicated vide letter no. 135 dated 27.08.2018 passed in Appeal Case No. 526110110101701374/1A dated 16.01.2018 passed by Appellate Authority by issuing appropriate writ of mandamus and certiorary."

4. The matter relates to plot no. 731, Khata No. 118, Tauji No. 235 under Revenue P.S. No. 62 (area 46 decimal) under Mauja Narayanpur, Barbigha Police Station, Sheikhpura.

5. The claim of the petitioners is/are that the land

3/4 belong to them, never acquired nor compensated and now the respondents are restraining them from taking any development work.

6. The counter affidavit of the State has come according to which, the compensation amount was paid to the ancestors of the petitioners where after the acquisition took place and presently the plot is with the Nursery Department. A reply to the counter affidavit has come denying the said statement.

7. A perusal of the reply of the State Government shows that the documents relating to the said acquisition and/or the person/ancestor whom the payment was made has not been recorded, even the petitioner has not clarified the matter.

8. Thus, both the petitioners as also the State respondents are duty bound to bring on record all the documents in support of their respective claim on the point where the land stands acquired as the State respondents submit or never acquired as insisted by the petitioners.

9. In that background, with the consent of the parties, the writ petition stands disposed of allowing the petitioner to prefer a detailed representation with all the relevant facts before the newly added respondent no.8, the Additional Chief

4/4 Secretary, Revenue and Land Reforms Department, Bihar, Patna who shall be noticing the concerned respondents, peruse the files and thereafter, shall pass a reasoned order in the matter.

10. The representation is to be filed in next four weeks and it is expected that the concerned respondent no.8, the Additional Chief Secretary, Revenue and Land Reforms Department, Bihar, Patna shall be taking the same to its logical conclusion at an earliest.

11. The writ petition stands disposed of with the aforesaid observation.

(Rajiv Roy, J) vinayak/- U