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Patna High CourtCWJC/12918/2017withdrawn

Shankar Rajbanshi v. The State Of Bihar And ORS

2025-09-09Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12918 of 2017 ====================================================== Shankar Rajbanshi son of late Satish Chandra Rajbanshi resident of Refugee Colony, Manikpur, P.O. Pirpainti Bazar, P.S. Pirpainti, Dist - Bhagalpur. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Divisional Commissioner, Bhagalpur.

3.

Collector, Dist - Bhagalpur.

4.

Circle Officer, Pirpainti, Dist - Bhagalpur.

5.

Manoj Kumar @ Munna Goswami, aged about 48 years, Male, son of Late Kartik Mishra, resident of village/mohalla-Pirpainti Bazar, Police StationPirpainti, District-Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar, Advocate Mr. Suraj Kumar, Advocate For Intervenor :

Mr. Bindhyachal Singh, Sr. Advocate Ms. Smriti Singh, Advocate Mr. Bipin Kumar Singh, Advocate For the State :

Mr. Dhurjati Kumar Prasad, GP-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-09-2025 Heard the parties.

I.A. No. 01 of 2022:

2. The aforesaid Interlocutory Application has been preferred for impleading Manoj Kumar @ Munna Goshwami respondent no.5 in the present case on the ground that he being an Ex-Army personnel, some of the land for which the petitioner is agitating the matter has been settled in his favour by the Government.

3. In view of the aforesaid fact and since there is no

Patna High Court CWJC No.12918 of 2017(2) dt.09-09-2025 2/3 opposition from the other side, the prayer is allowed.

4. Let the name of Manoj Kumar be impleaded as respondent no.5 in the present writ petition.

5. The I.A. No. 01 of 2022 is allowed.

CWJC No. 12918 of 2018:

2. The present petition has been preferred for the following relief/s:

(i) for issuance of an appropriate writ or direction directing and commanding the respondents to put the petitioner in possession over 11.73 Acres of land which were acquired in consideration of proposal dated 28.2.1961 for rehabilitation of the refugees coming from east Pakistan to India and Protect the petitioner from the highhandedness of the local authorities as well as the antisocial elements.

3. The sole petitioner claims himself to be the refugees of East Pakistan (now Bangladesh) and as per him, the Government had made a proposal to acquire certain land for their rehabilitation. He wanted its settlement.

4. The matter is of the year 1960 and we are in the

Patna High Court CWJC No.12918 of 2017(2) dt.09-09-2025 3/3 year 2025, it is unfortunate that the petitioner is still litigating the matter despite the fact that counter affidavit of the State shows that refugee is/are entitled to only 12.5 decimals of land which has already been settled in his favour.

5. At this stage, learned counsel for the petitioner submits that he be granted liberty to approach the appropriate authority/Court for the redressal of the grievance.

6. Though, there is opposition from the other side, in view of the fact that the petitioner has chosen to withdraw the petition with liberty, the same is allowed.

7. The writ petition is disposed of as withdrawn. (Rajiv Roy, J) Ravi/- U