Rajan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5194 of 2025 ====================================================== 1.

Rajan Kumar Singh s/o Late Nagendra Prasad Singh resident of Village and P.O.- Rajapatti Kothi, P.S.-Baikunthpur, District- Gopalganj 2.

Ajay Singh s/o Late Yogendra Prasad Singh resident of Village and P.O.- Rajapatti Kothi, P.S.-Baikunthpur, District- Gopalganj 3.

Vijay Pratap Singh @ Vijay Kumar Singh son of Late Rajendra Prasad Singh resident of Village and P.O.- Rajapatti Kothi, P.S.-Baikunthpur, DistrictGopalganj 4.

Uday Pratap Singh son of Late Rajendra Prasad Singh resident of Village and P.O.- Rajapatti Kothi, P.S.-Baikunthpur, District- Gopalganj ... ... Petitioner/s

Versus

1.

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

2.

The Collector, Gopalganj 3.

Sub Divisional Magistrate, Gopalganj 4.

Sub Divisional Police Officer, Gopalganj 5.

The Circle Officer, Baikunthpur, Gopalganj 6.

Yogendra Basphor @ Yogendra Dom, son of Shivdeni Basphor resident of village and P.O.- Rajapatti Kothi, P.S. Baikunthpur, District- Gopalganj, PIN code-841420.

7.

Dilip Basphor @ Dilip Dom, son of Shivdeni Basphor, resident of village and P.O.- Rajapatti Kothi, P.S. Baikunthpur, District- Gopalganj, PIN code841420. 8.

Rajesh Basphor @ Rajesh Dom, son of Yogendra Basphor resident of village and P.O.- Rajapatti Kothi, P.S. Baikunthpur, District- Gopalganj, PIN code841420. 9.

Pravesh Basphor @ Pravesh Dom, son of Yogendra Basphor resident of village and P.O.- Rajapatti Kothi, P.S. Baikunthpur, District- Gopalganj, PIN code-841420.

10.

Manju Basphor, wife of Anna Basphor resident of village and P.O.- Rajapatti Kothi, P.S. Baikunthpur, District- Gopalganj, PIN code-841420. 11.

Anna Basphor @ Anhelal Dom son of Bhola Dom resident of village and P.O.- Rajapatti Kothi, P.S. Baikunthpur, District- Gopalganj, PIN code841420. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. J.S. Arora, Sr. Advocate Mr. Prabhat Ranjan Singh, Advocate Mr. Sachin Raj, Advocate Mr. Rakesh Kumar, Advocate

Patna High Court CWJC No.5194 of 2025(2) dt.03-04-2025 2/3 For the Respondent/s :

Mr. S.D. Yadav, AAG-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-04-2025 1.

Heard learned senior counsel for the petitioners, Shri J.S. Arora and the learned Additional Advocate General-9, Shri S.D. Sanjay.

2.

The learned senior counsel appearing on behalf of the petitioners submits that the instant writ application has been filed for setting aside the order contained in Memo No. 530/Go dated 21-3-2025 issued by the Respondent Nos. 3 and 4 jointly (Annexure-5) for demolishing of commercial building of the petitioners.

3.

The learned Senior counsel for the petitioners next submits that Memo No. 530/Go dated 21-3-2025 has been issued in terms of order passed by the Collector, Gopalganj, in Appeal No. 1 of 2024. It is further submitted that the petitioners have filed BLT Case Nos. 475 of 2025 and 476 of 2025 challenging the order of Collector, Gopalganj in Appeal No. 1 of 2024. It is next submitted that since the petitioners have filed the aforesaid BLT cases challenging the order of the Collector, Gopalganj in Appeal No. 1 of 2024, as such the Memo No. 530/Go dated 21-3-2025 be stayed, on which the learned counsel appearing on behalf of the State submits that the

Patna High Court CWJC No.5194 of 2025(2) dt.03-04-2025 3/3 petitioners instead of rushing to this Court ought to have moved before the BLT seeking redressal of their grievance as raised in the instant writ application, on which the learned senior counsel appearing on behalf of the petitioners submits that petitioners ought to have moved before the BLT by filing an I.A. petition in the aforesaid cases seeking redressal of their grievance as raised in the instant petition, but then since the situation was emergent as such the petitioners had to rush to this Court. It is fairly submitted that petitioners would move before the BLT seeking redressal of their grievance and would file an appropriate application on or before 17-04-2025.

4.

After hearing the learned counsel for the parties, the writ application is disposed of with a direction to the petitioners to move before the BLT by filing an appropriate application seeking redressal of their grievance as raised in the instant writ application on or before 17-4-2025. 5.

It is further clarified that no coercive action shall be taken against the petitioners for a period of six weeks from today.

(Satyavrat Verma, J) SUMIT/- U