Jamuna Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15780 of 2016 ====================================================== Jamuna Singh Son of Late Raghu Singh All are resident of Village- Narari Kala, P.S.- Narari Kala Khurd and District- Aurangabad. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate, Aurangabad.

3.

The District Land Acquisiton Officer, Aurangabad. 4.

The Circle Officer, Circle Barun, District- Aurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anirudh Kumar Verma, Advocate For the Respondent/s :

Mr. Birendra Prasad Singh, AC to SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 05-08-2025 Heard Mr. Anirudh Kumar Verma, learned counsel for the petitioner and the State.

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

"for quashing the order dated 12.01.2016 and 11.01.2016 passed in Land Verification case no. 1/2015-16 passed by the District Collector Aurangabad as well as the Additional Collector, Aurangabad direction to the whereby and whereunder the petitioners'

entitlement over the lands in question have been rejected without initiating proper proceeding as

Patna High Court CWJC No.15780 of 2016(2) dt.05-08-2025 2/3 well as without Jurisdiction since no revenue law as well as circular permits to pass such type of order and apart from that the order under challenge is contrary to the direction passed in C.W.J.C. no. 4108 of 2013 by this Hon'ble court.

3. A counter-affidavit on behalf of the respondent nos. 2 to 4 duly signed by the Circle Officer, Barun was handed to the learned counsel for the petitioner but never filed in the office and as such, the same is missing in the High Court's file.

4. This Court had to take the help of the petitioner's copy according to which, the land in question is Gairmajarua Malik Land and not in the physical possession of the petitioners.

5. Paragraph 10 of the counter-affidavit read as follows:

"10. That, it is stated that in response to the letter no. 457 dated 01.12.2014 of respondent - D.M., Aurangabad, the requisitioned report has been submitted by the Halka Karamchari and Circle Inspector on 10.08.2015 stating therein that the land in question bearing Khata no. 7, Plot No. 8 claimed by the petitioners is recorded in C.S. Khatian as Gaimajarua Malik land and the

Patna High Court CWJC No.15780 of 2016(2) dt.05-08-2025 3/3 aforesaid land is not in physical possession of the petitioners. And in view of Memo No. 925 dated 11.11.2014 issued by the Secretary, Revenue and Land Reforms Department, Government of Bihar, the ownership of Gairmajarua Malik Land is vested in the State Government. Therefore, the claim of the petitioners over the said land may be rejected."

6. The counter-affidavit was received by the petitioner in the year 2017 and there is no reply to it.

7. At this Stage, learned counsel for the petitioner submits that he shall be approaching the appropriate Court for the redressal of the grievance.

8. Granting said liberty and without commenting on the merit of the case, the writ petition stands disposed of.

9. It goes without saying that if such petition is preferred, the same shall be taken to its logical conclusion. (Rajiv Roy, J) Adnan/- U