Kanti Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10266 of 2025 ====================================================== 1.
Kanti Devi W/o Sabhapati Sharma, Resident of Village- Sultanpur, Ward No.3, P.O.- Kanhaipur, P.S.- Mokama, District- Patna. 2.
Swaraj Sharma S/o Late Bachhu Prasad Sharma, Resident of VillageSultanpur, Ward No.3, P.O- Kanhaipur, P.S.- Mokama, District- Patna. 3.
Swadesh Sharma S/o Late Bacchu Prasad Sharma, Resident of VillageSultanpur, P.O- Kanhaipur, Ward No.3, P.S. Mokama, District- Patna. 4.
Amitabh Sharma S/o Late Surendra Prasad Sharma, Resident of VillageSultanpur, Ward No.3, P.O- Kanhaipur, P.S. Mokama, District- Patna. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 2.
The Collector, Patna.
3.
The Additional Collector, Patna.
4.
The District Panchayat Officer, Patna.
5.
The Circle Officer, Mokama.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar, Adv.
Mr. Bhaskar Sandilya, Adv.
Mr. Sanjeeb Kumar Sanju, Adv.
For the Respondent/s :
Mr. Rajesh Kumar, AC to G.P. 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 01-07-2025 Heard Mr. Sunil Kumar, learned counsel for the petitioners and the State.
2. The present writ petition has been preferred: for issuance of proper writ/writs, order/orders, direction/directions to the respondents not to construct Panchayat Sarkar Bhawan over petitioner's land situated at Village- Sultanpur, Thana no. 34, Khata no. 94, Jamabandi no. 140, Plot no.
Patna High Court CWJC No.10266 of 2025(2) dt.01-07-2025 2/3 505, area 22 decimal, nature which is in Khatiyan mentioned as Gairmajarua Malik and the aforesaid land came in peaceful possession of the ancestors of petitioners more than Hundred years ago upon which they are cultivating peacefully.
And For a further direction to the respondents not to construct Panchayat Sarkar Bhawan over the petitioners' land till disposal of instant writ application and further construction may be stayed.
3. Learned counsel for the petitioners submits that without hearing them and/or deciding their representation preferred on 28.05.2025 (Annexure-P/6), the respondents are moving ahead for construction of the Panchayat Bhawan.
4. The matter relates to construction of Panchayat Sarkar Bhawan under Mor, Mokama, Patna.
5. Learned State Counsel submits that representation is there, the same shall be taken to its logical conclusion by the Collector, Patna at an earliest.
6. Learned counsel for the petitioner submits that they shall be preferring a fresh representation along with all the relevant documents to support their claim but the respondents are moving ahead with the construction of Panchayat Bhawan.
Patna High Court CWJC No.10266 of 2025(2) dt.01-07-2025 3/3
7. Considering the submissions of the parties, it would be appropriate that the petitioner approaches the Collector, Patna in next two weeks along with all the relevant documents, who shall be taking up the matter and after hearing all the side including the State respondents on the nature of the land/the documents of the petitioner, it is expected that the same shall be taken to its logical conclusion at an earliest preferably within a period of three months from the date the petition is preferred before him/her.
8. The writ petition is disposed of with aforesaid observation.
(Rajiv Roy, J) Vijay Singh/- U