Awadhesh Kumar@Awadhesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10818 of 2025 ====================================================== Awadhesh Kumar@Awadhesh Prasad S/o Late Shyam Narayan Prasad, Resident of Vill Nikuspur Nisfi, P.S Tajpur, District Samastipur presently residing at west of Patel Maidan, Kashipur, Samastipur. ... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Government of Bihar, Patna. 3.

The District Collector, Samastipur.

4.

The Deputy Collector land Reforms Samastipur. 5.

The Circle Officer, Samastipur.

6.

The District Sub-Registrar, District Registry Office, Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Sinha, Advocate For the Respondent/s :

Mr. Standing Counsel (23) :

Mrs. Vijaya Laxmi Srivastava, AC to SC-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 14-07-2025 Heard the parties.

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

(i) For issuance of a direction to the respondents to de-list the land of the petitioner from the restriction list bearing Tauzi no 7385, Thana no 181, Khata no 517, old Khesra no-1740, Area-10 decimal and 14 decimal total 24 decimal which has been listed in the restriction list of the district registry, which is arbitrary and quite contrary to the rules, norms and procedure of law, in which 10 decimal of land was purchased by the petitioner through the registered sale deed vide

Patna High Court CWJC No.10818 of 2025(2) dt.14-07-2025 2/3 sale deed no 8265 dated 28.05.2012 of and 14 decimal of land was purchased vide sale deed no-11145 on 09.07.2012, which was subsequently muted in the name of the petitioner and thereafter Jamabandi was created in registered-II on his name and since then he has been continuing peaceful possession over the said land and have paid the revenue of the land to the government till 2024.

(ii) For issuance of the direction to the respondents to allow the petitioner to sale the part of the land to save the life of his wife who is suffering chronic disease and to meet the medical expenses it is urgently required to sale the land to save the life of his wife.

(iii) For issuance of a direction to the respondents to release the land in question from the restriction list for the ends of justice. (iv) For any other relief/reliefs for which the petitioner is found entitled to be in the facts and the circumstance in the case.

3. Learned counsel for the petitioner submits that a

Patna High Court CWJC No.10818 of 2025(2) dt.14-07-2025 3/3 perusal of the document would show that the Circle Officer, Samastipur (respondent no.5) is creating problem in the matter.

4. Learned State counsel on the other hand submits that a perusal of the record would show that it has been found that it has come in the restricted list.

5. Be that as it may, certain documents are also on record on which the petitioner is relying, in that background, it would be appropriate that the matter is agitated by the Authority of the district, namely the Collector, Samastipur.

6. Learned counsel for the petitioner submits that he shall be approaching the Collector, Samastipur (respondent no.3) in the next four weeks along with all the supporting documents.

7. If the petitioner approaches in the aforesaid period, the Collector, Samastipur after putting the parties on notice and hearing them, shall be taking a decision preferably by 31st of December, 2025.

8. The writ petition stands disposed of.

(Rajiv Roy, J) vinayak/- U