Buchchi Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1401 of 2025 ====================================================== Buchchi Pandit Son of Late Gulay Pandit, Resident of Village- Ramni, Gangapur, Police Station Murliganj, District- Madhepura. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Collector, Madhepura. 2.

The Circle Officer, Murliganj, District- Madhepura. 3.

The Mukhiya, Gram Panchayat Gangapur, Police Station- Murliganj, District- Madhepura.

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

For the Petitioner/s :

Mr. Ashok Kumar Sinha No.2, Advocate Mr. Lala Sachindra Kumar, Advocate For the Respondent/s :

Md. Zeeshan Kalim, AC to SC-20 ====================================================== 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 for quashing of the notice issued vide Memo No.1166-2 dated 24.12.2024 by respondent No.2, asking the petitioner to deposit the original Bandobasti Parcha, as set out in Annexure P-5, in his Office, within three days, failing which it will be presumed that he has nothing to say in the matter of construction of Panchayat Bhawan over the land. The petitioner further seeks an order restraining the respondents from constructing Panchayat Bhawan over his land which was settled to him under the Privileged Persons Homestead Tenancy Act as the petitioner

Patna High Court CWJC No.1401 of 2025(2) dt.04-02-2025 2/3 was a landless person.

3. Learned Counsel for the petitioner submits that the petitioner, who is a landless person, was settled the land, in question, in the year 1982 and having in possession of Bandobasti Parcha. He submits that the Government Authorities forcefully want to construct Panchayat Bhawan on the said land. Though the Bandobasti Parcha issued to the petitioner has not been produced before this Court but affirmation has been made in the pleading. He submits that the Circle Officer has given only three days' time, by virtue of letter dated 24.12.2024, for production of the said Parcha and want forceful dispossession.

4. Learned Counsel for the State submits that it is bare a notice under which the Circle Officer has demanded only Parcha with a view to verify that actually the land has been allotted to the petitioner or not.

5. In the light of the facts and circumstances, this Court hereby directs to the petitioner to produce the Parcha to the Circle Officer, Murliganj, Madhepura, within fifteen days from today along with a copy of this order and the Circle Officer, shall pass a reasoned and speaking order prior to taking any further action against the petitioner.

6. It is made clear that till passing the final order after

Patna High Court CWJC No.1401 of 2025(2) dt.04-02-2025 3/3 production of the Parcha, the Circle Officer shall not take any coercive step against the petitioner.

7. With this direction, the writ petition stands disposed off.

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