Balmiki Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.44 of 2022 In Civil Writ Jurisdiction Case No.6222 of 2017 ====================================================== 1.

Balmiki Prasad S/o Late Bhatu Mahto, Resident of Village - Tilaiyan, P.O. - Pathora, P.S. - Chhabilapur, Rajgir, District - Nalanda. 2.

Awadesh Prasad @ Bachchu Prasad, S/o Late Bhatu Mahto, Resident of Village - Tilaiyan, P.O. - Pathora, P.S. - Chhabilapur, Rajgir, District - Nalanda.

... ... Appellant/s

Versus

1.

The State of Bihar , Patna.

2.

The Principal Secretary, Road Construction Department, Bihar, Patna. 3.

The District Magistrate, Nalanda.

4.

The District Land Acquisition Officer, Nalanda. 5.

The Sub - Divisional Officer, Rajgir, Nalanda. 6.

Circle Officer, Rajgir, Nalanda.

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

For the Appellant/s :

Mr. D.K. Sinha, Sr. Advocate Mr.Dilip Kumar, Advocate For the Respondent/s :

Mr.Md. Khurshid Alam (Aag12) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 11-07-2025 In the instant LPA, appellants have assailed the order of the learned Single Judge dated 27.10.2021 passed in CWJC No. 6222 of 2017.

2. Core issue involved in the present lis is dispute relating to subject land, to the extent, is it private land or State Government land.

Patna High Court L.P.A No.44 of 2022 dt.11-07-2025 2/2

3. Learned senior counsel for the appellants submitted that according to the revenue records, subject land is of the appellants and others. Despite these facts and circumstances, the State Government proceeded to encroach the land and utilized the land for the purpose of public. In that event, remedy is filing suit for damages. Before that, if there is any modification in the revenue records to the extent of ownership that it is State land, in that event, appellants have a remedy before the Civil Court in seeking declaration that they are the owner of the subject land.

4. Taking notes of these facts and circumstances, the present LPA itself is not maintainable having regard to the disputed issue involved in the present lis. Therefore, no interference is called for insofaras order of the learned Single Judge dated 27.10.2021 passed in CWJC No. 6222 of 2017.

5. Accordingly the present LPA stands dismissed. (P. B. Bajanthri, J) (S. B. Pd. Singh, J) ranjan/- AFR/NAFR CAV DATE NA Uploading Date 11.07.2025 Transmission Date NA