Vijay Lal Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5979 of 2023 ====================================================== 1.

Vijay Lal Ram Son of Guru Sunder Ram Resident of Village- Babhangawan, Post- Gundi, Police Station- Krishnagarah, District- Bhojpur. 2.

Moti Lal Ram, Son of Late Jag Ram Resident of Village- Babhangawan, Post- Gundi, Police Station- Krishnagarah, District- Bhojpur. 3.

Ramakeshwar Ram @ Ram Keshwar Ram, Son of Late Jag Ram Resident of Village- Babhangawan, Post- Gundi, Police Station- Krishnagarah, DistrictBhojpur. 4.

Hira Lal Ram, Son of Late Jag Ram Resident of Village- Babhangawan, Post- Gundi, Police Station- Krishnagarah, District- Bhojpur. 5.

Ram Ishwar Ram, Son of Late Jag Ram Resident of Village- Babhangawan, Post- Gundi, Police Station- Krishnagarah, District- Bhojpur. 6.

Nand Kumar @ Nand Kumar Ram, Son of Late Jatadhari Ram @ Jata Dhari Ram Resident of Village- Babhangawan, Post- Gundi, Police StationKrishnagarah, District- Bhojpur. 7.

Sashi Kumar, Son of Late Dindayal Ram Resident of Village- Babhangawan, Post- Gundi, Police Station- Krishnagarah, District- Bhojpur. 8.

Raj Kumar @ Raj Kumar Ram, Son of Late Raghuni Ram Resident of Village- Babhangawan, Post- Gundi, Police Station- Krishnagarah, DistrictBhojpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Department of Home, Government of Bihar, Patna. 3.

The Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

4.

The District Magistrate, Bhojpur at Ara.

5.

The Superintendent of Police, Bhojpur at Ara. 6.

The Circle Officer, Barahara, Anchal- Barahar, District- Bhojpur. 7.

The Officer-in-charge, Krishnagarh Police Station, Anchal- Barahara, District- Bhojpur.

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

For the Petitioner/s :

Mr. Kamleshwar Pandey, Adv.

Ms. Mayuri, Advocate.

For the Respondent/s :

Mr. Raj Kishore Roy ( Gp 18 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-11-2024

1. Heard learned counsel for the petitioners and

2/4 learned AC to GP-18.

2. The learned counsel for the petitioners submits that the instant writ application has been filed by the petitioners seeking a direction upon the authorities not to disturb or interfere with the possession of their land, which has been allotted to them or to their ancestors on behalf of His Excellency the Governor of Bihar under the signature of the Circle Officer, Anchal- Barhara, District- Bhojpur on 09.05.1988, as would manifest from Annexure-1 series.

3. It is submitted that the land which was settled with the petitioners pertained to Khata No.3956, Plot No.3022, Area 31 decimals. It is next submitted that the petitioners are using the land for planting trees but all of a sudden the respondents authorities descended on their land claiming the land to be a government land, on which, a police station is to be constructed, for which, the petitioners filed a representation before the different authorities including the District Magistrate, Bhojpur. It is submitted that the petitioners on 25.02.2023 represented (Annexure-3) before the District Magistrate, Bhojpur requesting him to take action in the matter and to protect the land of the petitioners. It is submitted that the petitioners belong to the S.C. community and are being threatened by the authorities including

3/4 the police, who are bent upon ousting the petitioners from the land in dispute on the ground that the land is a government land, on which, construction of a police station is to be made. It is further submitted that the case was taken up on 29.08.2023, when this Court had directed the State to file counter affidavit and the case was directed to be listed on 11.10.2023 but no counter affidavit till date has been filed. At this stage, the learned counsel appearing on behalf of the State submits that a counter affidavit on behalf of the respondent no.6 has been filed on 07.10.2023 but then the counter affidavit is not on record nor the website of the High Court shows that any counter affidavit has been filed on behalf of the State.

4. Be that as it may, the writ application is disposed of with a direction to the petitioners to file a fresh representation before the District Magistrate, Bhojpur, raising the grievance, as raised in the instant writ petition and if any representation on behalf of the petitioners is filed on or before 09.12.2024, the District Magistrate, Bhojpur shall dispose of the within a period of three months thereafter by a reasoned order.

5. The Court expects that the possession of the petitioners on the land in dispute would not be disturbed till the District Magistrate, Bhojpur takes a decision on the

4/4 representation of the petitioners.

6. The writ application is disposed of with aforesaid directions.

(Satyavrat Verma, J) amit/- U