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Patna High CourtCWJC/10730/2025disposed

Uday Sharma v. The State Of Bihar

2025-07-10Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10730 of 2025 ====================================================== Uday Sharma Son of Shivaji Sharma, Resident of B-80, Birla Colony Phulwari, Phulwarisharif, District Patna, Bihar 801505. ... ... Petitioner/s

Versus

1.

The State of Bihar through The Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna. 2.

The Secretary, Education Department, Government of Bihar. 3.

The District Revenue Officer, Patna.

4.

District Magistrate, Patna, Bihar.

5.

The Circle Officer, Naubatpur, Patna.

6.

The District Education Officer, Patna.

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

For the Petitioner/s :

Ms. Vanshika Nupur, Adv.

For the Respondent/s :

Mr. Mujtabaul Haque, G.P. 12 Mr. Vasant Vikas, AC to GP-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-07-2025 Heard Ms. Vanshika Nupur, learned counsel for the petitioner and the State.

2. The present writ petition has been preferred for the following relief(s):

(i) For issuance of writ/writs in the nature of certiorari to 3 quash the letter dated 03.04.2025, issued by the respondent no. 02, The District Revenue Officer, Patna, wherein the land bearing Khata No. 151, Khesra No. 221, Thana No. 166, Gopalpur was allowed to be given to the Education Department for the construction of Kitchen

Patna High Court CWJC No.10730 of 2025(2) dt.10-07-2025 2/3 (Rasoighar).

(ii) For issuance of writ in the nature of mandamus any other appropriate writ restraining the Respondents from carrying out any construction on the disputed land pending final adjudication of title or until the Petitioner is duly compensated under law as the petitioner has title over a portion of the land (68 decimal). (iii) For issuance of writ/writs in the nature of mandamus to direct the Respondents to maintain status quo over the said land and to consider the Petitioner's representation dated 16.06.2025 expeditiously.

(iv) For any other writ/writs, order/orders, direction/directions as this Hon'ble Court may deem fit and proper as the fact and circumstances of this case.

3. The guidance of the petitioner is that pursuant to the decision taken by the Collector, Patna vide memo no. 1972 dated 03.04.2025 (Annexure-P/6 to the petition), the land of the petitioner is being usurped. He has preferred a representation before the District Collector, Patna on 16.06.2025 which according to learned counsel has still not been decided.

4. Learned A.C. to G.P. 12 submits that if such petition is there along with the relevant documents, the decision

Patna High Court CWJC No.10730 of 2025(2) dt.10-07-2025 3/3 shall be taken.

5. The petitioner is well advised to approach the Collector, Patna (respondent no. 4) in two weeks along with all the relevant documents, who shall be taking a decision after hearing all the concerned including the Revenue Official within a period of three months.

6. The outcome of the order passed by the Collector, Patna will decide the fate of any construction that is undertaken by the respondents on the said land.

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

(Rajiv Roy, J) Vijay Singh/- U