Ghanshyam Prasad @ Ghanshyam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2529 of 2025 ====================================================== Ghanshyam Prasad @ Ghanshyam Kumar S/o Late Kamldeo Prasad, Resident of Village- Bara Chakia, P.S.- Chakia, Dist.- East Champaran. ... ... Petitioner/s

Versus

1.

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

The Chief Secretary, Bihar, Patna.

3.

The Principal Secretary, Panchayati Raj Department, Govt. of Bihar, Patna. 4.

The Additional Chief Secretary, Panchayati Raj Department, Govt. of Bihar, Patna.

5.

The Secretary General, Administration, Govt. of Bihar, Patna. 6.

The Additional Chief Secretary, Local Area Engineering Organization, Department of Planning and Development, Govt. of Bihar, Patna. 7.

The Chief Engineer, Local Area Engineering Organization, Department of Planning and Development, Govt. of Bihar, Patna. 8.

The Collector-cum-District Magistrate, West Champaran at Bettiah. 9.

The District Panchayati Raj Officer, Bettiah, West Champaran. 10.

The Circle Officer, Lauriya Block, Lauriya, District- West Champaran. 11.

The Block Panchayati Raj Officer-cum-Executive Officer, Lauriya Block Lauriya, District- West Champaran.

12.

The Executive Engineer, Local Area Engineering Organization, Works Division, Bettiah, West Champaran.

13.

The Assistant Engineer, Local Area Engineering Organization, Works Division, Bettiah, West Champaran.

14.

The Junior Engineer, Local Area Engineering Organization, Works Division, Bettiah, West Champaran.

15.

The Additional Collector, Bettiah, West Champaran. 16.

The Deputy Development Commissioner, Bettiah, West Champaran. 17.

The Block Development Officer, Lauriya Block, Lauriya, Dist- West Champaran.

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

For the Petitioner/s :

Mr.Sanjeev Kumar, Advocate Mr. Sitesh Kashyap, Advocate For the Respondent/s :

Mr.Anjaneya Singh, AC to AAG-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

Patna High Court CWJC No.2529 of 2025(2) dt.20-02-2025 2/3 20-02-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. Learned counsel for the petitioner submits that the present writ petition has been filed to restrain the respondents from constructing the Panchayat Sarkar Bhawan of Gram Panchayat Raj Mathiya on the raiyati private land of the petitioner, appertaining to Thana No. 441, Khata No. 260, Plot No. 186, measuring 8 katha, located in Mathiya Village of Lauriya Block, West Champaran District.

3. Learned counsel for the petitioner submits that the petitioner has been in possession of the land by virtue of a settlement prior to independence, but the State seeks to take the land forcefully. In this regard, the petitioner has filed a representation, dated 08.01.2025 (Annexure-P/2), before the Additional Collector, West Champaran, Bettiah.

4. Learned counsel for the State has raised a preliminary objection, stating that the petitioner should have filed his representation before respondent No. 8, namely, the Collector-cum-District Magistrate, West Champaran, Bettiah, rather than before the Additional Collector, Bettiah.

5. In light of the above, the writ petition is disposed of with a direction to the petitioner to file a fresh representation

Patna High Court CWJC No.2529 of 2025(2) dt.20-02-2025 3/3 before respondent No. 8, namely, the Collector-cum-District Magistrate, West Champaran, Bettiah, within 30 days from today, along with a copy of this order. Respondent No. 8 is directed to dispose of the representation upon its filing, within 90 days thereafter, with a reasoned and speaking order, in accordance with law.

(Dr. Anshuman, J) Ashwini/- U