Nepal Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9347 of 2025 ====================================================== 1.

Nepal Mandal Son of Dipchand Mandal, Resident of Naya Tola, Pranpur, P.S.-Amdabad, District- Katihar.

2.

Prabhu Narayan Mandal, Son of Late Karamchand Mandal, Resident of Lakhi Tola, P.S.- Amadabad, District- Katihar. ... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Education Department, Government of Bihar, Patna.

3.

The Commissioner, Purnea.

4.

The District Magistrate, Katihar.

5.

The Additional District Magistrate, Katihar.

6.

The Land Reforms Deputy Collector, Manihari, Katihar. 7.

The Block Development Officer, Amdabad, Katihar. 8.

The Circle Officer, Amdabad, Katihar.

9.

The Chairman of School Education Committee, Middle School Lakhtola, Amdabad, Durgapur, Katihar.

10.

The Secretary, Gram Panchayat Raj, Durgapur, Amdabad, Katihar. 11.

Anchal Amin, Gram Panchayat Raj, Amdabad, Katihar. 12.

The Headmaster, Middle School, Lakhi Tola, Durgapur, Amdabad, Katihar. 13.

The Registrar, Registry Office, Katihar.

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

For the Petitioner/s :

Mr. Shambhu Sharan Singh, Advocate For the Respondent/s :

Mr. Standing Counsel-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-06-2025 Heard Learned Counsel for the petitioners and Learned Counsel for the State.

2. The present writ petition has been filed by the

2/4 petitioner with the following reliefs:- "(i). For direction/order to the respondent concern the District Magistrate, Katihar, to enquire into the matter of construction of Panchayat Sarkar Bhawan forcefully, illegally and without consent of the petitioner (Raiyat) on the land of petitioner No.1 (Nepal Mandal) having their title and possession prior to independence and rent receipts issued in his name.

(ii) For stay of the illegal and forceful construction of Panchayat Sarkar Bhawan on the Raiyati land of petitioner No.1 without his consent or without any acquisition of the land.

(iii) For direction/order to the State respondents to protect the Raiyati right title and interest of petitioner No.1 on the land in question bearing Khata No.142, Khesra No.801, Area 33 decimal situated at vill-Ramchandra Tola as well as Lakhi Tola.

(IV) Other relief/reliefs as your lordships may deem fit and proper."

3. Learned Counsel for the petitioners submits that the State-respondent has decided to construct Panchayat Sarkar Bhawan on the land of the School, which was donated for the purpose of School children in which School is going on and lands are being utilized for the children. Counsel submits

3/4 that the said land is situated at Khata No.142, Plot No.801, situated in Mauza Durgapur, Revenue Police Thana-357, District- Katihar. He submits that in this regard a representation has been filed by 677 local persons before the District Magistrate to stop construction of the Panchayat Sarkar Bhawan on the Middle School Lakhi Tola, Durgapur, but no action has been taken. It is due to this reason the present writ petition has been filed.

4. Learned Counsel for the State submits that it transpires from the pleading that the representation is pending at the level of District Magistrate, Katihar. Therefore, writ petition may be disposed off directing the District Magistrate, Katihar, to take decision on the representation.

5. In the light of the submissions made, this Court is of the view that passing order on the representation is necessary and, therefore, it is hereby directed to the District Magistrate, Katihar, to take decision on the representation filed by the petitioners and local villagers, which is annexed as Annexure-P/5/3 to the present writ petition, after hearing the petitioners and the Principal of the School, within 90 days from the date of receipt/production of a copy of this order.

6. In the meantime, the status quo on the said

4/4 land, which is subject matter of the representation, shall be maintained.

7. With the aforesaid direction, the writ petition stands disposed off.

(Dr. Anshuman, J) Mkr./- U