Kameshwar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1082 of 2025 ====================================================== Kameshwar Singh S/o Sri Raj Narayan Singh R/o of Village Ward No 12 Bachari P.O.- Akhgaon P.S.- Sandesh Distt.-Bhojpur Pin Code-802161. ... ... Petitioner/s

Versus

1.

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

The Distirct Magistrate (D.M.), Bhojpur.

3.

The Sub-Divisional Officer (S.D.O.), Ara Under Bhojpur Distt. 4.

The Circle Officer (C.O.), Sandesh Under Bhojpur Distt. 5.

Hare Krishna Singh S/o Late Jairam Singh R/o Village-Ward No. 12, Bachari, P.O.-Akhgaon, P.S.-Sandesh, Distt.-Bhojpur, Pin Code-802161. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sadashiv Tiwari, Advocate For the State :

Md. Raizul Haque, SC-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 26-05-2025 Heard learned counsel for the petitioner and learned S.C.-10 for the State on the point of admission.

2. Admit.

3. The present writ petition has been filed by the petitioner against the Letter No. 581 dated 05.05.2025 issued from the office of Circle Officer, Sandesh, Bhojpur, whereby the petitioner has been directed to demolish his house, situated at Mauja, Saripur Bachri, Thana No. 183, Khata No. 681, Khesra No. 1094, measuring 6.262 decimal which has been found to be the government land.

4. Learned counsel for the petitioner submits that the petitioner is a landless person and he along with his family has

Patna High Court CWJC No.1082 of 2025(2) dt.26-05-2025 2/2 been living in the house for more than 100 years and he has no land at all to construct a house thereon. When he got notice from the Circle Officer to show cause why his house should not be allowed to demolish, he had represented to the concerned District Magistrate and on his advice, he has filed one application for settlement of the concerned land in his favour, so that his house is saved. However, that application is not disposed of till date. Hence, he is seeking interim protection till the disposal of the present petition for settlement. As per annexure, on his application for settlement, Bandobasti Case No. 01 of 2018-19 is under process.

5. In view of humanitarian consideration, Letter No. 581 dated 05.05.2025 issued from the office of Circle Officer, Sandesh, Bhojpur is stayed till the disposal of the Bandobasti Case No. 01 of 2018-19, pending before the District Magistrate, Bhojpur at Ara.

6. District Magistrate is also directed to dispose of Bandobasti Case No. 01 of 2018-19, at the earliest, preferably within a period of six months.

7. Accordingly, the present petition is disposed of. (Jitendra Kumar, J) shoaib/- U