Ramji Prasad @ Ramji Prasad Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4598 of 2024 ====================================================== Ramji Prasad @ Ramji Prasad Rai Son of Late Bahadur Rai Resident of Mohalla- Rikabganj, Ward No. 72, P.S.- Malsalami, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Revenue and Land Reforms, Govt. of Bihar, Patna.

2.

District Magistrate-cum-Collector, Vaishali at Hajipur. 3.

Deputy Collector Land Reforms, Vaishali at Hajipur. 4.

A.D.M., Vaishali at Hajipur.

5.

Circle Officer, Raghopur, District- Vaishali at Hajipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rudrank Shivam Singh, Advocate For the Respondent/s :

Mr. Government Advocate 02 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 27-06-2024 Heard Mr. Rudrank Shivam Singh, learned counsel for the petitioner and the State.

2. The present writ petition has been preferred for the grant of following relief/s:- "(i) That the petitioner prays for issuance of a writ of certiorari seeking quashing of a proceeding initiated at the instance of respondent no. 3 and on the recommendation of respondent по. 4 for Cancellation of Jamabandi existing in favour of the petitioner in Jamabandi Cancellation Case No. 1/2022-23, whereby the Jamabandi existing in the name of the petitioner since the year 1999-2000 and which was created in his favour after the judicial

Patna High Court CWJC No.4598 of 2024(2) dt.27-06-2024 2/3 pronouncement in Title Suit No. 172 of 1991, and has now attained finality, is being sought to be interfered with and cancelled by way of the Jamabandi Cancellation case initiated against the petitioner.

(ii) That the petitioner further prays for quashing the notice dated 14.03.2023 issued under the signatures of respondent no. 4 whereby the petitioner has been noticed to appear in the proceedings of Jamabandi Cancellation Case No. 328/22-232 for cancellation of his jamabandi no. 632.

(iii) That the petitioner prays for a direction upon the respondent authorities to return the land in question to the petitioner, forceful possession of which has been taken during the pendency of the Jamabandi Cancellation Proceedings for the purported purpose of construction of the Ganga Highway work popularly known as Marine Drive.

(iv) That during the pendency of the present writ application the authorities may be directed to not to change the nature of the land, the possession of which has been taken forcefully on the grounds that it is a public land and is under encroachment.

(v) That alternatively the petitioner prays for a direction upon the concerned respondent authorities to make payment of the compensation amount by legally acquiring the said land from the petitioner under due process of law under the provisions of the Land

Patna High Court CWJC No.4598 of 2024(2) dt.27-06-2024 3/3 Acquisition (Bihar Amendment) Act, 1960.

(vi) Any other relief/reliefs that the petitioner may be found to be entitled to in the facts and circumstances of the present case."

3. After some argument, learned counsel for the petitioner accepts that notices have been issued, the petitioner has already appeared and will be filing all the relevant document to satisfy the respondent/authority.

4. In case, the petitioner has appeared and the matter is being taken up, it is expected that the same shall be taken to its logical conclusion at an earliest preferably within a period of four months from the date the copy of the order is provided to the office.

5. The present writ petition stands disposed of. (Rajiv Roy, J) Adnan/- U