Lakshmi Narayan Sah v. The State Of Bihar Through The Principal Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5288 of 2025 ====================================================== Lakshmi Narayan Sah Son of lateKunjilal Sah, Resident of Village - Ruhelaganj, Kadairabad, P.S. - Lalit Narayan Mithila University,DistrictDarbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Old Secretariat Bihar Patna. 2.

The Commissioner, Darbhanga Division, Darbhanga. 3.

The Collector, District- Darbhanga.

4.

The District Land Acquisition Officer, Darbhanga. 5.

The Director, Land Acquisition Directorate, Bihar, Patna. 6.

The Additional Collector, Collectorate, Darbhanga, District- Darbhanga. 7.

The Sub Divisional Magistrate, Sadar, Darbhanga. 8.

The Circle Officer, Sadar, Darbhanga.

9.

Sri Brij Kishore Mishra, son of Jaichandara Mishra, resident of village - Ranipur, P.S.and Anchal Sadar, Disrict Darbhanga. 10.

Smt. Phulo Levi, wife of Shankar Sah, resident of village-Bituhar, P.S.- Harlakhi, District- Madhubani.

11.

Smt. Mani Devi, wife of Sri Mohan Thakur, Resident of village- Guthauli, P.S.-Rosera, District- Samastipur.

12.

Sri Naresh Kumar Mishra, son of Krishna Chandra Mishra, Resident of village Hanipur, P.S.Sadar, District- Darbhanga. 13.

Smt. Soni Jha, wife of Durgesh Kumar, Resident of village and P.S. Sarsopahi, District- Madhubani.

14.

Smt. Veena Devi, wife of Sri Madneshwar Thakur, Resident of village Barha, P.S. -Arair, District- Madhubani.

15.

Sri Arun Kumar Jha, son of Dr. Yogendra Jha, Resident of Village- Durgauli, P.S.-Benipatti, District- Madhubani.

16.

Smt. Rinku Kumari, wife of Sri Sujeet Kumar Jha, resident of village -Habibhour, P.S.-Bahera, District- Darbhanga. 17.

Sri Govind Jha, son of Late Tuluf Jha, Resident of village- Awari, P.S.- Madhewapur, District- Madhubani.

18.

Smt. Kavita Devi, wife of Sri Badri Nath Jha, resident of village Madhpur, P.S.-Kamtaul, District- Darbhanga.

19.

Smt.Sunita Devi, wife of Sri Shankar Thakur, resident of village- Sirhuli, P.S.- Kamtaul, District- Darbhanga.

20.

Sri Shyamkant Jha, son of Late Mahavir Jha, resident of village Majhigama, P.S.-Keoti, District- Darbhanga.

21.

Smt. Janki Jha, wife of Shyam Narayan Mishra, resident of village Kerwar,

2/5 P.S.-Bisfi, District- Madhubani.

22.

Smt. Mithila Jha, wife of Arvind Kumar Jha, Resident of Mohalla Lalbagh, P.S.-Town, District- Darbhanga.

23.

Sri Sushil Kumar Yadav, son of Sri Thakkan Yadav, resident of VillageChakka, P.S.-Keoti, District- Darbhanga. 24.

Smt. Sunita Devi, wife of Triloknath Jha, resident of Mohalla-Anandbagh, P.S.-LNMU, District- Darbhanga.

25.

Smt. Renu Thakur, wife of Ganesh Chandra Jha, resident of VillageKasraur, P.S.-Ghanshyampur, District- Darbhanga. 26.

Smt. Chandrakala Devi, wife of Ram Prasad Rai, Resident of village Negha Nariyal Tol, Koyla Asthan, District- Darbhanga 27.

Smt. Bibha Kumari, wife of Mithilesh Yadav, resident of village Basauli, P.S.- Rahika, District- Madhubani.

28.

Sri Phool Jha, son of Late Jagdish Jha, Resident of Village Kalikapur, P.S.- Khajauli, District- Madhubani, presently residing at Mohalla -Rajkumarganj, P.S.-LNMU, District- Darbhanga.

29.

Smt. Meena Kumari, wife of Prem Shankar Prasad Singh, Resident of village- Rajauli, P.S.- Devdha, District- Madhubani. 30.

Smt. Kushma Devi, wife of Upendra Yadav, Resident of Village- Bandh Basti, P.S.-Sadar (Mabbi O.P.), District- Darbhanga. 31.

Sri Harendra Kumar Jha, son of Sri Shiv Narayan Jha, resident of VillageJarail, P.S.- Arair, District- Madhubani. 32.

Smt. Neelam Devi, wife of Sri Gopal Sharma, Resident of village Bhawanipur, P.S.- Katra, District- Muzaffarpur. 33.

Smt. Kumari Rekha, Daughter of Ram Prasad Thakur, Resident of villageRuchaul, Darbhanga. P.S.-Sadar, District Darbhanga. 34.

Sri Pawan Kumar Jha, son of Shubha Chandra Jha, Resident of villageSohans, P.S.-Bisfi, District- Madhubani. 35.

Sri Brahmadeo Jha, son of Hari Kishore Jha, Resident of village- Hanuman Nagar, P.S.-Pandeul, District - Madhubani.

36.

Smt. Prabha Jha, wife of Sudhakar Jha, Resident of Raje Tola Daini Tol, P.S.-Manigachhi, District- Darbhanga.

37.

Sri Ramsevak Mahto, son of Late Chhatar Mahto, Resident of VillageKasanraini, P.S.-Keoti, District- Darbhanga. 38.

Sri Kamlesh Kumar Jha, son of Balgovind Jha, Resident of village Bhavam, Madhubani. P.S.-ndharatharhi, District- Madhubani. 39.

Sri Sudhir Kumar Jha, son of Dashrath Jha, Resident of village Baghant, P.S.-Manigachhi, District Darbhanga.

40.

Smt. Krishna Kumar, wife of Dr. Ram Prasad Thakur, Resident of VillageDarbhanga. Ruchaul, P.S.-Sadar, District- Darbhanga. 41.

Smt. Meena Devi, wife of Surendra Mohan Jha, Resident of village Jarail, P.S.-Arair, District- Madhubani.

42.

Mosst. Suryamukhi Devi, wife of Late Dukhmochan Jha, Resident of

3/5 village- Harauli, P.S.-Kuseshwar Asthan, District- Darbhanga. 43.

Smt. Chandani Kumari, wife of Sri Ashok Kumar Jha, Residents of villageHarauli, P.S.- Kuseshwar Asthan, District- Darbhanga. 44.

Smt. Neelam Devi, wife of Sri Anand Kumar, Residents of village- Harauli, P.S.- Kuseshwar Asthan, District- Darbhanga.

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

For the Petitioner/s :

Mr. Kaushalesh Choudhary, Advocate For the Respondent/s :

Mr. G.A.-08 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 08-04-2025 Heard the parties.

2. The present petition has been filed for the following reliefs:- (i) For issuance of appropriate Writ(s)/ Rule(s)/ Direction(s) in the nature of mandamus, commanding the Collector, Darbhanga, to dispose of the Jamabandi Cancellation Appeal No.109 of 2023, which has been filed against order dated 31.07.2023, passed by the Additional Collector, Darbhanga, in Jamabandi Cancellation Case No.157 of 2022-23, as the aforesaid Appeal have been filed on 04.09.2023, but not a single hearing of the case has been held, till date and during pendency of the aforesaid appeal the respondents 2nd set has started construction of their boundary wall upon the land under dispute, which is ancestral land of the

4/5 petitioner, situated at Mauza-Bela Shankar, Thana No.514, Khata No. 112 (Old), Khesra Nos. 93, 97 & 100 (old).

(ii) For issuance of appropriate direction to concerned respondents for maintaining status quo with regards to the land under Appeal, during pendency of this writ petition.

(iii) For grant of all other relief(s) to which the petitioner may found entitle, on the facts and circumstances of the case.

3. Learned counsel for the petitioner submitted that Jamabandi was created in favour of his father and thereafter in favour of the petitioner and later on, it was cancelled vide order dated 31.07.2023 passed by Additional Collector, Darbhanga in Jamabandi Cancellation Case No. 157 of 2022-23, the order of Additional Collector was appealed before the Collector, Darbhanga and the Jamabandi Cancellation Appeal No. 109 of 2023 is pending before the Collector, Darbhanaga. Learned counsel for the petitioner submits that during pendency of the appeal, respondent - 2nd set are trying to raise boundary wall over the plot in question by forceful means.

4. Learned counsel for the petitioner has submitted that for restraining the respondents, a representation filed by

5/5 him is pending before the Collector, Darbhanga. The petitioner wants merely expeditious disposal of that application.

5. The Appellate Authority is directed to dispose of the representation of the petitioner as early as possible preferably within a period of two months in accordance with law, without being prejudiced by this order and after giving proper opportunity to both the parties of being heard.

6. With these observation(s), the petition stands disposed of.

(Nawneet Kumar Pandey, J) Neha/- U