Sanjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6511 of 2025 ====================================================== 1.
Sanjay Kumar Son of Late Lakshmi Narayan Singh Resident of Nirmal Bigha, Police Station- Nalanda, District- Nalanda. 2.
Sunil Kumar, Son of Late Laxmi Narayan Singh Resident of Nirmal Bigha, Police Station- Nalanda, District- Nalanda.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 2.
The Collector, Nalanda.
3.
The Additional Collector cum Additional District Magistrate, Nalanda. 4.
The District Land Acquisition Officer, Nalanda. 5.
The Land Reforms Deputy Collector, Rajgir, Nalanda. 6.
The Circle Officer, Silao, Nalanda.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajnish Shandilya, Advocate For the Respondent/s :
Mr. Standing Counsel (16) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 29-04-2025 Heard the parties.
2. The present petition has been preferred for the grant of following relief:
(i) To restrain the respondents especially the Collector, Nalanda, from making any construction or otherwise development over the Raiyati land of the petitioner bearing Khata No. 164 appertaining to Plot No. 2412, 2404 & 2325 having area 4 Bigha 3 Katha situated at Mauza Mohanpur Panhesa, Revenue Thana No. 424,
Patna High Court CWJC No.6511 of 2025(2) dt.29-04-2025 2/3 Circle Silao, within the District of Nalanda. (ii) To forbid the respondents from making unlawful dispossession of the petitioner from land in question without following the land acquisition process and paying the compensation amount in terms of the law prescribed.
(iii) To direct the respondents as not to demolish the house, market or other structures of the petitioner constructed and standing over the plot no. 2412 & 2404 appertaining to Khata no. 164 as described above.
(iv) To direct the respondent especially the Collector, Nalanda (Respondent No. 2) to decide the Jamabandi Cancellation Appeal which is pending since 2018, Case No. 39/2018 (Sanjay Kumar & Sunil Kumar Vs. State of Bihar) (v) For grant of any other relief(s) which may deem fit and proper in the facts and circumstances of the present case.
3. Another unfortunate case in which the petitioner has to invoke the writ jurisdiction with a simple prayer to get his Jamabandi Cancellation Appeal Case No. 39 of 2018 (Sanjay
Patna High Court CWJC No.6511 of 2025(2) dt.29-04-2025 3/3 Kumar & Anr. vs. State of Bihar) pending before the respondent no.2, the Collector, Nalanda disposed of.
4. Since the case is new, learned State counsel is unable to throw light in the matter.
5. If the contention of the petitioner is true, it is really unfortunate that for seven years, the case is pending before the respondent no.2.
6. Learned State counsel submits that if the same is still pending, he shall be informing the concerned respondent to take the matter to its logical conclusion at an earliest.
7. In view of his positive response, the writ petition stands disposed of directing the respondent no.2, the Collector, Nalanda to take up the aforesaid case immediately and after noticing the parties and hearing them pass an appropriate order in next four months.
8. Failure to do so, the petitioner shall be free to file contempt petition against him/her.
9. The writ petition stands disposed of.
(Rajiv Roy, J) vinayak/- U