Ashok Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3147 of 2025 ====================================================== Ashok Pandey S/o-Kashinath Pandey Resident of Don Bosco Road, Devi Nagar Hesag, P.S.-Hatia District-Randhi , Jharkhand. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Addl. Secretary, Revenue and Land Reforms Department, Bihar, Patna.

2.

The Addl. Chief Secretary, Revenue and Land Reforms Department, Bihar, Patna.

3.

The District Magistrate, Jamui, District-Jamui 4.

The Deputy Developemnt Commissioner, Jamuai 5.

The District Programme Officer, MANREGA, District-Jamui 6.

The Circle Officer, Ancha-Sono, District-Jamui. 7.

The Mukhiya, Gram Panchayat Raj, Lakhankiari-Dumari, Block-Sono, District-Jamui.

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

For the Petitioner/s :

Mr.Binod Kumar, Advocate Mr. Sanjay Kumar, Advocate For the Respondent/s :

Mr. Rajesh Kumar, AC to GP-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-03-2025 Heard Learned Counsel for the petitioner and Learned Counsel for the State.

2. The present writ petition has been filed for quashing the letter dated 25.10.2024 contained in letter No.884 issued by the Circle Officer, Sono, District- Jamui, for execution of work under MANREGA schemes upon Raiyati land of the petitioner.

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3. Learned Counsel for the petitioner submits that the father of the petitioner has received the land bearing Khata No.379, Kheshra No.690, area 6 acres, by virtue of Hukumnama in the year 1940 situated in Mauza- Dumari Khas by the then Maharaja of Gidhaur Estate dated 05.06.1940. He further submits that the ancestors of the petitioner had been paying revenue rent of the above land right from the Jamindari period to 1962-63. He submits that after vesting of the Jamindari, the name of petitioner's father Kashinath Pandey was recorded in the return of the Jamindar of the State dated 05.07.1962. He further submits that Jamabandi has also been created in the name of petitioner's father bearing Jamabandi No.

353 and they are paying rent receipt to the State of Bihar which is apparent from the right of records of Register-II lying in the Anchal Office. Counsel further submits that the petitioner is paying the rent and current receipt upto 25.05.2024 of the said land has been provided by the State which is Annexure-P/5 series. He further submits that all of a sudden, the Circle Officer has ordered for doing work under the MANREGA on the raiyati land of the petitioner.

3/4 and Circle Officer in connivance with the local Mukhiya is interested to grab the raiyati land of the petitioner. He submits that petitioner has filed representation before the Block Programme Officer, District Programme Officer and DDC, Jamui vide Annexure-9, but no action has been taken. Counsel submits that he has attached Annexure-7 series by which it is apparent that construction work is going on.

4. Learned Counsel for the State submits that he requires filing the counter affidavit but in addition to that he submits that it shall be appropriate for him to approach the District Magistrate in this regard.

5. In the light of the submissions made, it transpires to this Court that prima facie the State officials are violating its own law, which the State Government has published vide letter No.925(6) dated 11.11.2014 under which the District Magistrate is the competent authority. The writ petition is disposed off directing the petitioner to approach before the District Magistrate within two weeks along with all his documents which he has annexed with the writ petition. The District Magistrate, Jamui, is hereby directed to look into this matter in accordance with letter No.925(6) dated 11.11.2014 of the State Government and decide it within 90 days

4/4 thereafter. It is further directed to all concerned that any work going on the petitioner's land is directed to be stopped at once till District Magistrate shall not pass a reasoned and speaking order on the representation filed by the petitioner. (Dr. Anshuman, J) Mkr./- U