Awadh Kumar Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8606 of 2026 ====================================================== Awadh Kumar Dubey Son of Pramod Kumar Dubey, Resident of VillageSanokhar, P.S.-Kahalgaon, District-Bhagalpur. ... ... Petitioner

Versus

1.

The State of Bihar through Principal Secretary, Revenue and Land Reforms. Govt. of Bihar, Patna.

2.

The Principal Secretary, Revenue and Land Reforms, Govt. of Bihar, Patna. 3.

The Divisional Commissioner, Bhagalpur.

4.

The Collector-Cum-District Magistrate, Bhagalpur. 5.

The Deputy Development Officer, Bhagalpur, District-Bhagalpur. 6.

The Addl. Collector, Bhagalpur, District-Bhagalpur. 7.

The Sub Divisional Officer, Kahalgaon, District-Bhagalpur. 8.

The Land Acqusition Officer, Bhagalpur, District-Bhagalpur. 9.

The Anchaladhikari, Sanhaula, District-Bhagalpur. 10.

The Executive Engineer, Rural Works Department, Work Division, Kahalgaon, District-Bhagalpur.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Ms. Isha Mishra, Advocate Mr. Sharda Nand Mishra, Advocate Ms. Isha Mishra, Advocate For the Respondents :

Mr. Rajnish Shandilya, A.C. to G.A. 11 ====================================================== CORAM: HONOURABLE MR. JUSTICE RANA VIKRAM SINGH ORAL ORDER 29-06-2026

1. Ms. Isha Mishra, learned counsel for the petitioner appears and submits argument assailing the orders dated 10.03.2026 passed by the Collector-cum-District Magistrate, Bhojpur and also for quashing the order dated 24.09.2025 passed by the Sub Divisional Complaint Redressal Officer, Kahalgaon and has also submitted that a direction may be issued to the respondents to release the khatiyani land of the petitioner

Patna High Court CWJC No.8606 of 2026(2) dt.29-06-2026 2/3 which has illegally been acquired by the respondents and they have also constructed a road thereon.

2. Learned counsel for the State submits that the Collector in his order dated 10.03.2026 as placed vide Annexure-P/6 has given a categorical finding that petitioner did not produce any document in support of his right. In view of the matter, the petitioner may be given liberty to file an appeal before the Divisional Commissioner, Bhagalpur taking all the grounds and pleas which has been taken in this writ application.

3. In this backdrop, petitioner prays for withdrawal of the writ application with liberty to file a proper application before the Divisional Commissioner, Bhagalpur taking all the grounds and pleas which has been taken herein with supporting documents.

4. Accordingly the prayer is allowed and the writ application is disposed of with liberty to the petitioner to file an application before the Divisional Commissioner, Bhagalpur with all supporting documents within three weeks henceforth and thereafter Divisional Commissioner, Bhagalpur is expected to decide claims of the petitioner after conducting necessary enquiries, if any, in order to ascertain the veracity of the claims by cross-examining it from the District Authority within six

Patna High Court CWJC No.8606 of 2026(2) dt.29-06-2026 3/3 weeks thereafter.

5. It goes without saying that if any question of limitation arises before the competent authority, the same shall be considered taking into consideration the fact that the petitioner was pursuing the issue before this Court under Article 226 of the Constitution of India.

(Rana Vikram Singh, J) smriti/prakashU