Nishu Narayan Singh @ Nirshu Narayan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2896 of 2025 ====================================================== 1.
Nishu Narayan Singh @ Nirshu Narayan Singh Son of Late Ratnesh Singh Resident of Village- Karah, P.O.- Harpur Karah, P.S.- Baniapur, Distt.- Saran.
2.
Ashok Singh, Son of Late Ratnesh Singh Resident of Village- Karah, P.O.- Harpur Karah, P.S.- Baniapur, Distt.- Saran.
3.
Satendra Singh, S/o- Late Ratnesh Singh Resident of Village- Karah, P.O.- Harpur Karah, P.S.- Baniapur, Distt.- Saran.
4.
Mukti Nath Singh, S/o- Late Ram Gayash Singh Resident of Village- Karah, P.O.- Harpur Karah, P.S.- Baniapur, Distt.- Saran. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Secretary, Panchayat Raj Department, Government of Bihar, Patna.
2.
The Secretary, Panchayat Raj Department, Government of Bihar, Patna. 3.
The Collector-cum- District Magistrate, Saran. 4.
The Circle Officer, Baniapur, Saran.
5.
The Block Development Officer, Baniapur, Saran. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Chandra Shekhar Singh, Adv.
For the Respondent/s :
Mr. Additional Advocate General (13) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-02-2025 Heard Learned Counsel for the petitioners and Learned Counsel for the State.
2. The present writ petition has been filed for the following reliefs:- (a) For issuance of direction to restrain the respondents from dispossessing the petitioners from their Raiyati land bearing Thana No- 116, Khata No- 723, Survey Plot No- 386/4838 and 634 situated
Patna High Court CWJC No.2896 of 2025(2) dt.25-02-2025 2/3 at Village- Karah, Circle and Block Baniapur, Distt- Saran which was settled long back in the name of their predecessor namely Ratnesh Singh and in his name Jamabandi of the said land is also running from the more than 70 years and they are continuously paying rent for the same.
(b) Further prays for restraining the respondents from making any kind of construction over the aforesaid land without acquiring the same as the Respondents have decided to construct Panchayat Bhawan of Gram Panchayt Raj Karah.
(c) For any other relief or reliefs for which the petitioners are found entitled to.
3. Learned Counsel for the petitioners submits that when the respondent authorities tried to dispossess the petitioners, the petitioners filed a representation to the Collector and other relevant officials, showing his grievances. Counsel further submits that the land in question had been settled by the ex-landlord, providing proof of possession to support this claim.
4. Learned Counsel for the State seeks permission to file a counter affidavit in this matter.
5. In view of the Court, there is no necessity to file the counter affidavit, the petitioners' representation is pending
Patna High Court CWJC No.2896 of 2025(2) dt.25-02-2025 3/3 before the Collector-cum- District Magistrate, Saran, (annexed as Annexure- A/3).
6. In the light of the facts and circumstances, it is directed that the Collector-cum- District Magistrate, Saran, shall pass an order on the petitioners' representation within 90 days from the date of production of this order. Thereafter, the Collector-cum- District Magistrate, Saran, shall verify the legality of the petitioners' claim over the said land in accordance with the fcgkj ljdkj] jktLo ,oa Hkwfe lq/kkj foHkkx ladYi la[;k&6@[kk0 e0 fofo/k 1⁄4c0 ekfyd1⁄2&01@2013&9251⁄461⁄2jk0] fnukad% 11-11-2014. At the time of passing the order, it is further directed that the Collector-cum- District Magistrate, Saran, shall hear the petitioners, either in person or through his counsel.
7. With these directions, the writ petition stands disposed off.
(Dr. Anshuman, J.) Aman Kumar/- U