Kaushal Kishore Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2319 of 2025 ====================================================== Kaushal Kishore Prasad Singh Son of Late Braj Mohan Prasad Singh, Resident of village and P.S. - Nawkothi, District- Begusarai, presently residing at Opposite Indian Bank Kutchehry Road, P.S.- Begusarai, DistrictBegusarai - 851101. ... ... Petitioner/s

Versus

1.

The State of Bihar through Additional Chief Secretary, Revenue and Land Reforms, Government of Bihar, Patna.

2.

The Additional Chief Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.

3.

The Collector, Begusarai.

4.

The Additional Collector, Begusarai.

5.

The Sub-Divisional Officer, Begusarai.

6.

The Circle Officer, Begusarai Circle, Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Namrata Dubey, Advocate For the Respondent/s :

Mr. Standing Counsel (18) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-02-2025 Heard Learned Counsel for the petitioner and Learned Counsel for the State.

2. The writ petition has been filed for restraining the respondent authorities from constructing a Sport Stadium at the Raiyati land of the petitioner as per the claim of the petitioner.

3. Learned Counsel for the petitioner submits that

Patna High Court CWJC No.2319 of 2025(2) dt.18-02-2025 2/3 the Circle Officer has issued letter to the B.D.O. relating to the land situated at Mauza Kushmaut, bearing Thana No.334, Khata Nos.139 and 512, Plot No.145 and 147, total area 5.37 decimals. Counsel submits that he has annexed series of documents by virtue of which it become clear that land is continuously in possession of the petitioner or his vendor and, therefore, he submits that construction of playground on his Raiyati land is absolutely illegal.

4. Learned Counsel for the State submits that it is clear cut case of the State as mentioned in the letter of Circle Officer, Begusarai, that the said land is the land which has been in excess and carved out from ceiling proceedings and, therefore, it can be decided only and only in the light of government letter No.925(6) dated 11.11.2014.

5. In the light of the submissions made, this Court, without entering into merit and demerit of the case, direct the petitioner to file his representation with all relevant documents in the light of government letter No.925(6) dated 11.11.2014 and the District Magistrate after receiving the said representation from the petitioner within 30 days shall pass a reasoned and speaking order after hearing the petitioner in person or through his lawyer within 90 days thereafter.

Patna High Court CWJC No.2319 of 2025(2) dt.18-02-2025 3/3

6. With this direction, this writ petition is hereby disposed off.

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