Bijendra Sharma @ Bijendra Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9406 of 2025 ====================================================== Bijendra Sharma @ Bijendra Kumar Sharma S/o Chetan Sharma, Resident of Village- Majhua Ward No. 05, Panchayat Khokhasi Sharanpur, P.S- Gwalpara, District- Madhepura.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna. 2.

The Collector cum District Magistrate, Madhepura. 3.

The Additional Collector, Madhepura.

4.

The Anchaladhikari, Gwalpara, Madhepura.

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

For the Petitioner/s :

Mr.Bhola Prasad, Advocate For the Respondent/s :

Mrs. Archana Meenakshee, GP-06 Mr. Rana Veer Prawar, AC t GP-06 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 19-06-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed for issuance of a writ in the nature of mandamus directing the respondent authorities to settle the land bearing Khata No. 651, Plot No.

2/5 2902, measuring an area of 3 decimals, situated at MouzaKhokhasi Sharanpur, Gwalpara, District-Madhepura, in favour of the petitioner. It is submitted that the petitioner's ancestors, as well as the petitioner himself, have been residing on the said land after constructing a residential house thereon, and have been in continuous possession for more than 100 years.

3. Learned counsel for the petitioner submits that the petitioner belongs to the Scheduled Caste community. In support thereof, he has annexed Annexure-P/2, wherein his caste status has been certified. It is further submitted that as per the policy of the Government, three decimals of land are to be provided to each landless Mahadalit family. The petitioner, being a member of the Scheduled Caste category, is also categorized as Mahadalit and is, therefore, entitled to the benefit of settlement under the said Government policy. Learned counsel further submits that the petitioner had earlier submitted a representation before the District Magistrate, Madhepura (Annexure-P/3) prior to the filing of the present writ petition. However, no decision has been taken on the said representation till date. Accordingly, the petitioner seeks a direction from this Hon'ble Court to respondent no. 2, i.e., the Collector-cum-District Magistrate, Madhepura, to consider

3/5 and dispose of his representation within a stipulated time frame.

4. Per contra, learned counsel for the State submits that the relief sought by the petitioner is not reasonable. He submits that from a bare perusal of the documents annexed by the petitioner, particularly Annexure-P/1, it is evident that the land situated over Plot No. 2902 is recorded as rasta (public pathway). He contends that such land cannot be settled in favour of any individual, as rasta is public land meant for right of way, and not for allotment to individuals. It is further submitted that the petitioner, under the guise of claiming benefits as a Mahadalit, is seeking settlement of public land, which is impermissible in law.

5. In view of the submissions advanced, and particularly in light of the State Government policy bearing Memo No. 01/2015-614(6) dated 17.06.2015, it is evident that the Government has framed a scheme whereby five decimals of land are to be allotted free of cost to each landless Mahadalit family. This Court finds merit in the contention advanced on behalf of the petitioner. For ready reference, the scanned copy of the said policy is extracted hereinbelow:

4/5

6. Upon hearing learned counsel for the parties and on perusal of the materials available on record, this Court finds

5/5 substance in the objection raised by the learned counsel for the State that the land in question, being recorded as rasta, cannot be allotted or settled in favour of any individual. Allotment of a public pathway would adversely affect the general public and may lead to public inconvenience.

7. Accordingly, while disposing of the present writ petition, this Court directs respondent no. 2, namely, the Collector-cum-District Magistrate, Madhepura, to consider and take an appropriate decision on the representation dated 04.04.2025 (Annexure-P/3 to the writ petition) filed by the petitioner, for allotment of five decimals of land under the Government policy, within a period of six months from the date of receipt/production of a copy of this order. Such consideration shall be made in accordance with the applicable Government policy and subject to availability of suitable land, excluding any land recorded as rasta or public utility.

Ashwini/- (Dr. Anshuman, J) AFR/NAFR CAV DATE NA Uploading Date 26/06/2025 Transmission Date NA