Bhola Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4109 of 2025 ====================================================== 1.

Bhola Prasad Son of Late Ramcharitra Prasad, Resident of VillageDevkibigha, P.O.- Meyar, P.S. Chabilapur, District- Nalanda. 2.

Krishna Prasad Son of Late Dangal Prasad, Resident of Village- Devkibigha, P.O.- Meyar, P.S. Chabilapur, District- Nalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate, Nalanda at Bihar Sharif. 3.

The Sub-Divisional Officer, Rajgir, Distt.- Nalanda. 4.

The Deputy Collector, Land Reforms, Rajgir, Distt.- Nalanda. 5.

The Executive Engineer, Nalanda Bhawan Pramandal, Bihar Sharif, Distt.- Nalanda.

6.

The District Panchayat Raj Officer, Biharsharif, Distt.- Nalanda. 7.

The Circle Officer, Rajgir, Distt.- Nalanda.

8.

Dy. S.P. Rajgir, Nalanda.

9.

The Officer Incharge, P.S. Silao, Distt.- Nalanda. 10.

M/s Roy Engineers Basant Vihar Colony, Raghunath Path, Danapur, Distt.- Patna, 801503.

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

For the Petitioner/s :

Mr. Satya Ranjan Sinha, Advocate.

Mr. Dhananjay Kumar, Advocate.

For the Respondent/s :

Mr. Standing Counsel -18.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-04-2025

1. Heard learned counsel for the petitioners and learned AC to SC-18.

2. The learned counsel for the petitioners submits that the instant writ application has been filed seeking quashing of the letter no. 1453 dated 21.10.2024 issued by the Executive Engineer, Nalanda Bhawan Pramandal, Biharsharif, District-

2/4 Nalanda, whereby work order dated 21.10.2024 has been issued for construction of Panchayat Sarkar Bhawan at Meyar and Goraur Panchayat under Rajgir Block. The learned counsel submits that land pertaining to Khata No.342, Khesra No.999, area 1 acre 82 decimal at Mauza-Kanchanpur Meyar tola, P.S. Silao, District-Nalanda is khatiyani land of the petitioners. It is further submitted that Jamabandi No.539 with respect to the aforesaid land has been created in the name of petitioner no.1. It is next submitted that the order impugned in the instant writ application issued by the respondent no.5 has been issued behind the back of the petitioners without giving them any opportunity of hearing. It is next submitted that the land till date has not been acquired.

It is further submitted that from perusal of the order impugned, it would manifest that the same though records that work order for construction of the Panchayat Sarkar Bhawan has been issued but then does not disclose the land on which Panchayat Sarkar Bhawan is to be constructed. It is next submitted that in pursuance of the order impugned, the contractor came on the land of the petitioners for constructing the aforesaid Panchayat Sarkar Bhawan, as such the petitioners represented before the District Magistrate, Nalanda vide Speed Post dated 05.02.

3/4 Sarkar Bhawan is being constructed on his raiyati land but then till date no action has been taken.

3. The learned counsel appearing on behalf of the State submits that it may be a possibility that the representation of the petitioners sent to the Collector, Nalanda by speed post dated 05.02.2025 may not have been received in his office, on which the learned counsel appearing on behalf of the petitioners submits that the petitioners would file a fresh representation before the District Magistrate, Nalanda on or before 18.04.2025.

4. After hearing the learned counsel for the parties, the writ application is disposed of with liberty to the petitioners to file a fresh representation before the District Magistrate, Nalanda, Biharsharif for seeking relief as raised in the instant writ application with all the relevant documents with regard to the land in dispute, in the event if any representation is filed by the petitioners on or before 18.04.2025, in that event, the District Magistrate, Nalanda shall consider and dispose of the same within a period of one month thereafter after giving proper opportunity of hearing to the petitioners.

5. It is made clear that till representation of the petitioners is not decided by the Collector, the order impugned dated 21.10.2024, contained in letter no.1453 issued by the

4/4 respondent no.5 shall remain stayed.

6. It is further made clear that if no application is filed on behalf of the petitioners on or before 18.04.2025, in that event, the Collector, Nalanda shall not be obliged to consider the representation of the petitioners.

(Satyavrat Verma, J) amit/- U