Anil Kumar Prasad Sinha, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11877 of 2025 ====================================================== 1.

Anil Kumar Prasad Sinha, son of Late Yadvendra Narayan Sinha, permanent resident of Village and Post- Reotith, Block and Police Station- Baikunthpur, District- Gopalganj, Bihar. (841407) at present residing at G/6 Rajani Gandha Tower, Kanke Road, Near Gandhi Nagar Gate, P.O -Ranchi University, P.S. Gonda, Ranchi, Jharkhand. (834008). 2.

Sunil Kumar Sinha @ Sunil Kumar Prasad Sinha, son of Late Yadvendra Narayan Sinha, permanent resident of Village and Post-Reotith, Block and Police Station- Baikunthpur, District Gopalganj, Bihar. (841407) at present residing at Flat no. 4, Divya Krishna Appartment, 33 Hathwa Enclave near Hyundai Workshop Digha, Bataganj P.O.- Bataganj, District- Patna, Bihar. (800018).

3.

Rahul Sinha, son of Late Raghvendra Singh @ Murari Babu, permanent resident of Village and Post- Reotith, Block and Police Station- Baikunthpur, District Gopalganj, Bihar. (841407) at present residing at House no. BD/32, Gotri Road, Shreekunj Kutir, Opposite Nuclear Park, Vadodara, Gujarat. (390021).

4.

Siddharth Kumar Singh @ Siddharth Kumar Sinha, son of Late Raghvendra Narayan Singh @ Murari Babu, permanent resident of Village and PostReotith, Block and Police Station- Baikunthpur, District- Gopalganj, Bihar. (841407) at present residing at AD-47, Shrikunj Kutir, Gotri Road, Opposite Yash Complex, Gotri, Vadodara, Gujarat, (390021) ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Social Welfare, Government of Bihar, Patna.

2.

The Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.

3.

The Managing Director, The Women and Child Development Corporation, Bihar.

4.

The District Collector-cum-Magistrate, Gopalganj. 5.

The Additional District Collector-cum-Magistrate, (Revenue), Gopalganj. 6.

The Sub-Divisional Officer, Gopalganj.

7.

The Circle Officer, Baikunthpur, Gopalganj.

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

For the Petitioner/s :

Mr.Prabhat Kumar Singh, Advocate Mr. Sriram Krishna, Advocate For the Respondent/s :

Mr.Government Advocate (10) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

2/4 24-07-2025 Heard Mr. Sriram Krishna, learned counsel for the petitioners and the State.

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

(i) to issue an appropriate Writ(s), Order(s) or Direction(s) to the respondent authorities to demolish the building of Anganbadi Kendra and vacate their unlawful possession over the ancestral land of the petitioners pertaining to Khata no. 612, Khesra no. 1616, Revenue Thana no. 354 admeasuring an area of 5 Kattha and 13 Dhur at VillageKhaira Azam; (ii) to issue an appropriate Writ(s), Order(s) or Direction(s) to the respondent authorities to hold that the land pertaining to Khata no. 612, Khesra no. 1616, Revenue Thana no.

354 admeasuring an area of 5 Kattha and 13 Dhur at Village Khaira Azam belongs to the petitioners and therefore the same cannot be used for running the Angadbadi Kendra and their long settled possession over the land

3/4 should not be disturbed without any authority of law:

(iii) to issue an appropriate Writ(s), Order(s) or Direction(s) to the respondent authorities to restrain them from interfering in the peaceful possession of the petitioners on the lands in question and also other lands of the petitioners as the nature of the said lands is Gair Mazarua Malik and is a Khatiyani Land of the petitioners;

(iv) to issue an appropriate Writ(s), Order(s) or Direction(s) to the respondent authorities to acquire the said land of the petitioners where the respondent authorities have unlawfully constructed the building of an Anganbadi Kendra without following the due process of law and pay appropriate compensation to the petitioners in accordance with law;

(v) to pass any other appropriate Writ(s), Order(s), or Direction(s) that this Hon'ble Court may deem fit on the facts and in the

4/4 circumstances of the case.

3. After some argument, learned counsel for the petitioners submit that the petitioners shall be approaching an appropriate petition before the District Collector, Gopalganj (respondent no.4) in next four weeks.

4. if such petition is preferred in four weeks, the Collector, Gopalganj shall take up the matter after hearing all the all the parties and noticing all concerned will dispose of the matter at an earliest.

5. The writ petition stands disposed of with the aforesaid observation.

(Rajiv Roy, J) Ravi/- U