Biteshwar Yadav v. The State Of Bihar Through Principal Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9937 of 2025 ====================================================== Biteshwar Yadav S/o Late Ramdhari Yadav R/o Village - Hasanpura, Post - Kaarwa, PS - Muffasil Ara, District- Bhojpur. ... ... Petitioner/s

Versus

1.

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

2.

The Collector, Ara Bhojpur.

3.

The Deputy Development Commissioner, Ara, Bhojpur. 4.

The Additional Collector, Ara, Bhojpur.

5.

The Sub Divisional Officer Ara, Bhojpur.

6.

The Executive Engineer, Building and Constructions Department, Ara, Bhojpur.

7.

The Circle Officer, Ara Bhojpur.

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

For the Petitioner/s :

Mr. Rajendra Nath Sinha, Adv.

For the Respondent/s :

Mr. Anuradha Singh, SC (21) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 01-07-2025 Heard the parties.

2. The present writ petition has been preferred: for order or orders, direction or directions by the way of an appropriate writ or writs, preferably in the nature of Mandamus, commanding and directing the respondent no - 2, 3 and 4 to not encroach the land of the petitioner for constructing Panchayat Bhawan, pertaining to muza Hasanpura Khata No-429 Khesra No 5, 9, 41, 37 Area 1 acre 46 decimals which land settlement was made by the respondent no-2,

Patna High Court CWJC No.9937 of 2025(2) dt.01-07-2025 2/3 4, 5 and 7 along with others during 1974-75.

Further, directing Respondent no 2 to stop all the proceedings with respect to encroaching the land of the petitioner at once as well as grant cost of litigation and compensation to petitioner for mental agony and harassment as land in question settlement was done decades and decades ago. Land Receipt issued till date Jamabandi and possession of petitioner on above mentioned land.

3. The petitioner claims a piece of land as detailed out in paragraph 4 of the petition and submits that ignoring the same, the respondents are now taking steps for construction of Panchayat Bhawan.

4. Learned State Counsel, at the outset, submits that the petitioner ought to have approached the Collector, Bhojpur at Ara with all the relevant documents for the redressal of the grievance.

5. The submissions seems to be justified. In that backdrop, learned counsel for the petitioner submits that to his knowledge, a petition has already been filed. Additionally, second petition shall be filed along with the copy of the order and all the relevant documents within next four weeks.

6. If such petition is preferred with all the relevant

Patna High Court CWJC No.9937 of 2025(2) dt.01-07-2025 3/3 documents, after hearing the parties, the Collector, Bhojpur at Ara shall be duty-bound to take the same to its logical conclusion at an earliest, preferably within a period of four months from the date the petition is preferred before the office.

7. The writ petition is disposed of with aforesaid observation.

(Rajiv Roy, J) Vijay Singh/- U