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Patna High CourtCWJC/1445/2025disposed

Aditya Kumar v. The State Of Bihar

2025-02-04Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1445 of 2025 ====================================================== Aditya Kumar S/o Sudama Prasad R/o Village- Bathua, P.O. and P.S.- Manjha, District- Gopalganj.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Revenue Department, New Secretariat, Patna.

2.

The Principal Secretary, Revenue Department, Government of Bihar, New Secretariat, Patna.

3.

The Collector, Gopalganj.

4.

The Additional Collector, Gopalganj.

5.

The Circle Officer, Manjha, District- Gopalganj. 6.

The Block Development Officer, Manjha, District- Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandra Kant, Advocate For the Respondent/s :

Mr. Government Pleader 14 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-02-2025 Heard Learned Counsel for the petitioner and Learned Counsel for the State.

2. The present writ petition has been filed by the petitioner for a direction to respondent Nos.3 and 5 to not raise any construction over the land of petitioner bearing Khata No.222, Plot No.195, Area 1 Acre, situated at village Bathua, P.S. Manjha, District- Gopalganj and for further direction to the respondent Nos.3 and 5 not to go over the

Patna High Court CWJC No.1445 of 2025(2) dt.04-02-2025 2/3 land and to maintain status quo till pendency of the writ petition.

3. Learned Counsel for the petitioner submits that the land was allotted to his father and they are in possession of the said land since 1980. He submits that at the instance of the officials they have started construction on the land of the petitioner and they have extreme threat of ejectment from their land. Counsel for the State submits that there is differences in the person in whose favour the land has been allotted and the person whose name is present in the writ petition.

4. Upon the specific query of the Court that whether for his protection petitioner has filed any application under Section 14A of the Bihar Bhoodan Yagna Act, 1954 (Bihar Act 22 of 1954) or not. Counsel for the petitioner subsequently submits that such application has not been filed before any Revenue Officer.

5. In this background, this Court without passing any order on merit directs the petitioner to file his petition under Section 14A of the Bihar Bhoodan Yagna Act, 1954 before the Collector, Gopalganj, within ten days along with the order passed by this Court and the Collector, Gopalganj,

Patna High Court CWJC No.1445 of 2025(2) dt.04-02-2025 3/3 is hereby directed to pass a reasoned and speaking order following the law laid down in the Bihar Bhoodan Yagna Act, 1954 within 30 days thereafter. Till then the Collector shall maintain the status quo on the said land.

(Dr. Anshuman, J) Mkr./- U