Ramashish Prasad Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.949 of 2026 ====================================================== 1.
Ramashish Prasad Singh Son of Late Ram Sevak Singh, Resident of Village, P.O. and P.S.-Manjhaul (Old P.S.-Cheriya Bariyarpur), Gram Panchayat RajManjhaul No. 4, Ward No. 4, District-Begusarai. 2.
Smt. Veena Devi, wife of Ramashish Prasad Singh, Resident of Village, P.O. and P.S.-Manjhaul (Old P.S.-Cheriya Bariyarpur), Gram Panchayat RajManjhaul No. 4, Ward No. 4, District-Begusarai. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 2.
The Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.
3.
The Secretary, Tourism Department, Government of Bihar, Patna. 4.
The District Magistrate cum Collector, Begusarai. 5.
The Additional District Magistrate, Begusarai. 6.
The Sub-Divisional Magistrate, Manjhaul, Begusarai. 7.
The Circle Officer, Cheriya Bariyarpur, District-Begusarai. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Vagisha Pragya Vacaknavi, Advocate For the Respondent/s :
Mr. Standing Counsel (8) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-04-2026 Heard Mr. Binod Kumar Singh, learned counsel for the petitioner duly assisted by Mrs. Vagisha Pragya Vacaknavi as also the State.
2. The present petition has been preferred for the following relief(s):
"for issuance of a writ of prohibition, permanently injunct and restrain the respondents/Authorities from making any plotting
2/5 works or any other physical activities, over Plot No.7995 of Khata No.2490, total purchased Area-2 Bigha 07 kattha, 10 dhurs, situated in MauzaManjhaul, P.S.-Manjhaul (Old P.S.-Cheriya Bariyarpur) with the given boundaries mentioned in the registered sale deeds and amalgamated with the other purchased adjacent plots of the petitioners, forming one block of land, which are circumference by barbed wire fixed in concrete pillars permanently fixed all around the entire purchased lands forming one block, having residential house, twenty fruit bearing mango trees and doing agricultural works by ploughing the lands for growing oil crops, wheat crops, and sugarcane crops etc."
3. Counter-affidavits have come on behalf of the respondent nos. 4 to 7 duly put on affidavit by Circle Officer, Cheriya Bariyarpur and paragraph nos. 6 to 9 read as follows: "6. That it is submitted that the paper cutting which has been annexed by the petitioner placed as Annexure-17 & 18 are wholly concern with the development of a tourism site in
3/5 compliance to the order passed by the Hon'ble Division Bench presided by Hon'ble Chief Justice wherein vide order dated 18/12/2025 passed in CWJC No.19823/2024, under the heading of Public Interest Litigation and the same has been passed in view of the order passed by the Hon'ble Supreme Court and for which the Government had through a notification has processed acquired some lands in which the land plot in issue appertaining to Thana Manjhaul, Plot no.7995 has not been incorporated.
7. That it is further humbly submitted that it is pursuant to the order of this Hon'ble Court passed on 27/01/2026 in CWJC No.949/2026, the Respondent Circle Officer, Cheriabariarpur inquired and verified the records of concerned land in issue i.e. Plot No.7995 of Khata No.2490, Mauza Manjhaul and has found that the very land in issue is situated under the Revenue Village Manjhaul, Thana No. 191 and happens to be Gair Majarua Khas (Bakabje Kothi Nil), which is a Government land and as per the
4/5 Khatiyan of that very Mauza and apparently it is a public land and not a Kayami Raiyat land in nature as claimed by petitioner.
8. That it is relevant to submit here that the allegation with respect to do some work by the State on plot in issue is totally misleading incorrect and false as there is no any boundary wall surrounding over the plot in issue and apart from that the Respondent C.O. Cheriyabariarpur has not issued any chit of NOC with respect to the alleged allegation of doing some work on the said plot in issue till date.
9. That it is submitted that it is for the purposes of developing Eco Tourism in the State of Bihar; Eco Tourism Development works are going on under Revenue Village Jai Mangala Garh situated at Thana No. 189 and not over the petitioner land in question i.e. Plot No.7995 of Khata No.2490 which falls under Revenue Village Manjhaul, Thana No. 191, evident from AnnexureA of present counter affidavit as well."
4. Though a reply to counter-affidavit has been filed
5/5 on behalf of the petitioner, in view of the fact that a categorical statement has been made by the respondent that plot no. 7995 of Khata no. 2490 as recorded in paragraph 1 of the petition, is not part of the area that has been taken up for the development of the tourism site.
5. In that background, allowing the petitioner to agitate the matter afresh, if situation so warrant, the writ petition stands disposed of.
(Rajiv Roy, J) Adnan/- U