Prem Chandra Sinha @ Prem Kumar Sinha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3253 of 2025 ====================================================== 1.
Prem Chandra Sinha @ Prem Kumar Sinha Son of Late Jagat Mohan Prasad Sinha, Resident of Village and P.S.- Pandaul, P.S. and Anchal- Ratni Faridpur, District- Jehanabad at present Residing at Govindpur, DistrictDhanbad (Jharkhand). 2.
Ranjeet Kumar Sinha, Son of Late Nageshwar Prasad Sinha, Resident of Village and P.S.- Pandaul, P.S. and Anchal- Ratni Faridpur, DistrictJehanabad at Present Residing at -26-A, Ajanta Hirapur, P.S. and DistrictDhanbad (Jharkhand). ... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.
The Additional Chief Secretary, Department of Revenue and Land Reforms Department, Government of Bihar, Patna.
3.
The Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna.
4.
The Collector, Jehanabad.
5.
The District Panchayati Raj Officer, Jehanabad. 6.
The Executive Engineer, Building Construction Department, DistrictJehanabad. 7.
The Land Reform Deputy Collector, Jehanabad 8.
The Sub Divisional Officer, Jehanabad, District- Jehanabad. 9.
The Block Development Officer, Ratni Faridpur, District- Jehanabad. 10.
The Gram Panchayat Supervisor, Ratni Faridpur, District- Jehanabad. 11.
The Circle Officer, Ratni Faridpur, District- Jehanabad. 12.
The S.H.O., Ratni Faridpur, District- Jehanabad. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rabindra Kumar Priyadarshi For the Respondent/s :
Mr. Government Pleader (3) Mr. AC to GP-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-03-2025
1. Heard learned counsel for the petitioners and learned AC to GP-3 for the State.
2. The learned counsel appearing on behalf of the petitioners submits that the land pertaining to Khata No.326,
2/4 Plot No.733, area 31 decimals at Mauza-Pandaul, DistrictJehanabad is his ancestral property. It is further submitted that the ancestors of the petitioners, Hariyalpur Bishambhar @ Pandaul was the original Zamindar of the locality in the District of old Gaya and it was on his name that village- Pandaul was given its name. It is further submitted that the land in dispute is a rent free land of the petitioners being homestead land. It is next submitted that the authorities without inquiring into the genuineness of the claim of the petitioners with respect to the land in dispute are proceeding with the construction of Panchayat Sarkar Bhawan on the aforesaid land.
It is further submitted that for constructing a Panchayat Sarkar Bhawan, minimum 50 decimals of land is required, but then, the authorities are proceeding with the construction of the Panchayat Sarkar Bhawan over the land in dispute which measures only 31 decimals. It is next submitted that at the time of the vesting of Zamindari, the Zamindar filed the return with respect to the land in dispute in the name of the grandfather of the petitioners. It is further submitted that an old house of the petitioners is in existence over the land in dispute.
3/4 contested the Compensation Case No.242 of 1953-54, in which compensation was also given to the ancestors of the petitioners for the land which vested with the State of Bihar. It is further submitted that petitioners had filed an application before the Circle Officer bringing to his notice the aforesaid facts by his representation dated 31.12.2024, but then, no action was taken thereafter, petitioners filed a representation before the District Magistrate, Jehanabad on 10.01.2025, but then, also no action on the representation of the petitioners has been taken and the construction of the Panchayat Sarkar Bhawan is progressing on the land in dispute.
3. The learned counsel appearing on behalf of the State submits that the writ application can be disposed of with a direction to the Collector, Jehanabad to dispose of the representation of the petitioners dated 10.01.2025, but then, submits that it may be a possibility that the representation filed by the petitioners dated 10.01.2025 may not be located in the office of the District Magistrate, Jehanabad, on which the learned counsel appearing on behalf of the petitioners submits that the petitioners will file a fresh representation annexing all the documents relating to the land before the Collector, Jehanabad showing that the land belongs to them and they are in
4/4 possession of the land in dispute.
4. After hearing the learned counsel for the parties, the writ application is disposed of with a direction to the petitioners to file a fresh representation before the Collector, Jehanabad on or before 18.03.2025.
5. If any representation is filed by the petitioners on or before 18.03.2025, in that event, the District Magistrate, Jehanabad shall consider and dispose of the same in accordance with law within a period of one month thereafter after giving opportunity of hearing to the petitioners.
6. It is further made clear that if any application is filed by the petitioners after 18.03.2025, in that event, the District Magistrate, Jehanabad shall not be obliged to entertain the said application
7. It is further made clear that if any application is filed on or before 18.03.2025, in that event, the further construction of the Panchayat Sarkar Bhawan on the land in dispute shall remain stayed until the Collector decides the said representation within the time as stipulated herein above. (Satyavrat Verma, J) vikash/- U