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Patna High CourtCWJC/1497/2025disposed

Bhulan Kumar Rajak v. The State Of Bihar

2025-03-20Mr. Justice Satyavrat Verma4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1497 of 2025 ====================================================== Bhulan Kumar Rajak Son of Shivji Baitha@shiv Baitha Resident of VillageSedha Mathiya, Post- Bhatwaliya, P.S. and Anchal- Sangrampur, SubDivision -Areraj, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary, Government of Bihar, Old Secretariat Patna.

2.

Principal Secretary, Panchayati Raj Department, Government of Bihar, Old Secretariat, Patna.

3.

Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Old Secretariat, Patna.

4.

The District Magistrate cum Collector, East Champaran, Motihari. 5.

The District Development Commissioner, Rural Development Department, East Champaran, Motihari.

6.

The Sub Divisional Officer, Areraj, District- East Champaran, Motihari. 7.

The Block Development Officer, Sangrampur Block, Sangrampur, Distt.- East Champaran, Motihari.

8.

The Anchaladhikari, Sangrampur Block, Sangrampur, District- East Champaran, Motihari.

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

For the Petitioner/s :

Mr. Rakesh Ranjan For the Respondent/s :

Mr. Sajid Salim Khan, SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-03-2025

1. Heard learned counsel for the petitioner and learned SC-25, Mr. Sajid Salim Khan.

2. The learned counsel for the petitioner submits that the instant writ application has been filed for a direction upon the authorities to stop the construction of Panchayat Sarkar Bhawan in Village-Bhatwaliya under Block-

2/4 Sangrampur, District-East Champaran on land pertaining to Thana No. 193, Khata No. 303, Plot No. 1696, Area 3 Katha. It is next submitted that the land in dispute was mutated in the name of the ancestors of the petitioner and Jamabandi No. 1798 was created in the lame of Late Langtu Baitha who was great grandfather of the petitioner. It is next submitted that the land in dispute is being used for agricultural purposes, further behind the land in dispute, there is another raiyati land of the petitioner appertaining to Plot No. 1691, Khata No. 511, area 5 katha 10 dhurs. It is submitted that if Panchayat Sarkar Bhawan is constructed on plot no. 1696 in that event egress and ingress of Plot No. 1691 shall be badly affected rather the land will become landlocked. It is further submitted that petitioner had represented before the authorities as would manifest from Annexure P/5 series to the writ application, but then no action was taken.

3. The learned SC-25, Mr. Sajid Salim Khan, submits that from perusal of Annexure -P/5 series, it would manifest that no doubt petitioner has represented before the authorities, but then it appears that petitioner has not

3/4 submitted any representation before the Collector, East Champaran, Motihari rather has sent a representation by speed post and it may be a possibility that the representation sent by speed post may not have been received in the office of the Collector, on which the learned counsel appearing on behalf of the petitioner submits that he will file a detailed representation before the Collector, East Champaran, Motihari on or before 07.04.2025.

4. After hearing the learned counsel for the parties, the writ application is disposed of with a liberty to the petitioner to file a fresh representation before the Collector, East Champaran, Motihari on or before 07.04.2025 with respect to the grievance as raised in the instant writ application with all the relevant documents relating to the land.

5. It is made clear that if any representation is filed by the petitioner or on before 07.04.2025, the Collector, East Champaran, Motihari shall consider and dispose of the same after giving an opportunity of hearing to the petitioner within period of two months thereafter in accordance with law.

4/4

6. It is further made clear that no coercive action shall be taken against the petitioner until the representation of the petitioner is disposed of by the Collector, East Champaran, Motihari.

7. It is further made clear that if any representation on behalf of the petitioner is filed after 07.04.2025, the Collector, East Champaran Motihari shall not be obliged to consider the same.

(Satyavrat Verma, J) Rishabh/- U