Bipin Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6514 of 2025 ====================================================== 1.

Bipin Kumar Singh Son of Mani Shankar Singh, Resident of Village and Post-Muria, P.S.-Bhalpatti, District-Darbhanga. 2.

Ashok Tiwari, son of Lal Narayan Tiwari, Resident of Village and PostMuria, P.S.-Bhalpatti, District-Darbhanga. 3.

Pramod Kumar Singh, son of G.P. Singh, Resident of Village and PostMuria, P.S.-Bhalpatti, District-Darbhanga. 4.

Vijay Kumar Singh, son of Hira Prasad Singh, Resident of - Trimurti Bhawan, Mirza Hayat Beg, Lal Bagh, District-Darbhanga, presently Resident at Village and Post-Muria, P.S.-Bhalpatti, District-Darbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar through Additional Chief Secretary, Revenue and Land Reforms, Govt. of Bihar.

2.

The Collector cum District Magistrate, Darbhanga. 3.

The Additional Collector, Darbhanga.

4.

The Deputy Collector Land Reforms, Darbhanga. 5.

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

For the Petitioner/s :

Mr.Ranjan Kumar Dubey For the Respondent/s :

Mr.Standing Counsel (10) ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT Date : 29-04-2025 In the instant petition, petitioner seeks following relief(s):- A. For issuance of writ in the nature of Mandamus directing the respondents to not take forceful possession and make any type of construct Panchayat Bhawan over the land of Thana No. 443, Khata no.

729, Plot No. 704 (Old Khata No. 8 Khesra No. 58 and 65) admeasuring 11 Katha 6.75 Dhurs situate at

2/4 Mauza- Loam, Anchal Darbhanga, District- Darbhanga, which is in continuous possession of Petitioners.

B. For issuance of writ in the nature of Mandamus directing the respondents to dispose of the different representations filed by the Petitioners with a prayer restrain and till its disposal they may be restrained from going over the disputed land.

C. For issuance of writ in the nature of command directing the Respondents Authorities to maintain status-quo over the land in question till disposal of this application.

D. For any other writ/writs for which Petitioners deemed entitled to.

2. Learned counsel for the petitioners submits that the land appertaining to Thana No. 443, New Khata no. 729, New Plot No. 704 (Old Khata No. 8 Khesra No. 58 and 65) measuring 11 Katha 6.75 Dhurs situate at Mauza- Loam (Muriya), Anchal Darbhanga, District- Darbhanga was settled by the erstwhile landlords of Tauzi No. 6062, namely, Babu Pradumna Narayan Chaudhary and Babu Kewal Narayan Chaudhary in favour of Dhanukhdhari Singh @ Dhanukh Tiwary (ancestor of the petitioner) vide a registered Kabuliyat dated 23.12.1934 and since then, the ancestors of the petitioners came in possession over the land in question and rent was also

3/4 paid to the then zamindars. He further submits that petitioners have filed representation before the District Magistrate, Darbhanga and also before the Circle Officer, Darbhanga Sadar for not taking forceful possession over the land in question and for not making any further construction over the land in question as petitioners are in continuous possession of the land in question, however no action has been taken up-till-now.

2. Learned counsel for the State submits that if petitioners have bona fide documents in respect of the land in question they may put up their grievance afresh before the competent authority that petitioners are the bona fide owner and they are in possession of the land in question, which shall be looked into.

3. Considering the facts and circumstance of the case and the arguments advanced on behalf of the parties, the instant writ petition stands disposed of with liberty to the petitioners to represent their grievance, as has been raised in the present writ petition, before the competent authority/forum within a period of four weeks from the date of receipt of this order. In case such representations are filed, the competent authority, after hearing the parties concerned and considering all the relevant documents, shall pass appropriate order, in

4/4 accordance with law, expeditiously.

4. However, until disposal of the representation to be filed by the petitioners by the competent authority, the respondents are restrained from making any further construction over the land in question.

(Alok Kumar Pandey, J) alok/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 30.04.2025.

Transmission Date N/A