Nandkishor Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8723 of 2025 ====================================================== 1.

Nandkishor Yadav S/o- Late Dhanik Lal Yadav Resident of Village- Pusaho, Ward No.- 5, P.S.- Bithan, District- Samastipur. 2.

Ranjeet Yadav @ Ranjeet Kumar, S/o Ram Daresh Yadav, Resident of Village- Pusaho, Ward No.- 5, P.S.- Bithan, District- Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Land Reforms Department, Government of Bihar, Patna.

2.

The Divisional Commissioner, Darbhanga.

3.

The District Magistrate, Samastipur.

4.

The Sub-Divisional Officer, Rosera, District- Samastipur. 5.

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

For the Petitioner/s :

Mr. Nakul Kumar Jamuar, Advocate For the Respondent/s :

Mr. Government Pleader (16) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-07-2026 Heard Mr. Pramod Mishra, learned counsel for the petitioner and the State.

2. The present petition has been preferred for the following relief/s:

"for issuance of writ of mandamus commanding and directing to the Respondents concerned to not to acquire the land of the petitioner, forcibly for construction of "Panchayat Sarkar Bhawan" upon the land of the petitioner, without any legal process, and in this regard the

Patna High Court CWJC No.8723 of 2025(2) dt.21-07-2026 2/3 Respondent Circle Officer, Bithan issued the notice to the petitioner on 27.12.2024 that you are ploughing the land of government Mouza Pusaho Thana No. 369, Khata No.834, Khesra no. 3107 are 1.50 decimal and the petitioner gave the reply to the Circle Officer Bithan with all relevant documents, but the Respondents have not accepted his reply, then the petitioner gave and application to the Respondents District Magistrate, Samstipur and Sub-Divisional Officer, Rosera, but no action has been taken in this regard, in fact that the land in question is ancestral properties of the petitioners and petitioner have peaceful possession on the land in question from 30.03.1972 by way of exchange from one Ramkishun Poddar and rent of the land is being paid to the government of Bihar. And/or any other relief/reliefs for which the Petitioner is found entitled to the facts and circumstances of this case."

3. After some arguments, learned counsel for the petitioner submits that it will suffice if their case is/are taken up by the respondent no. 3, the Collector, Samastipur.

Patna High Court CWJC No.8723 of 2025(2) dt.21-07-2026 3/3

4. Learned State counsel has no objection to it.

5. In that background, the writ petition stands disposed of allowing the petitioner to agitate the matter before the respondent no. 3, the Collector, Samastipur in next four weeks' who shall be taking up the case and pass a reasoned order, in accordance with law, at an earliest.

6. Needless to add, the petitioner shall be free to take all the points including prayer for interim protection before the Collector, Samastipur.

(Rajiv Roy, J) sanny/- U