Sajjad Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10620 of 2024 ====================================================== Sajjad Ali S/o - Samidul Haque, Resident of Village - Soripatti, P.S. - Sakri, Sub- Division- Madhubani, District- Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Department of Revenue and Land Reforms, Bihar, Patna.

2.

The District Magistrate- cum-Collector Madhubani, District- Madhubani. 3.

The Additional Collector - Revenue, Madhubani, District- Madhubani. 4.

The Sub-Divisional Officers, Madhubani, District - Madhubani. 5.

The Deputy Collector Land Reforms, Madhubani, Madhubani. 6.

The Circle Officer Pandaul, District- Madhubani. 7.

The Sb-Divisional Police Officer, Madhubani, District - Madhubani. 8.

The S.H.O, Sakri, Sub-Division- Madhubani, District- Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Fakhruddin Ali Ahmad. Advocate Ms.Saobiya Mushtaque, Advocate Mr.Md.Tauqueer Azhar, Advocate Mr.Neeraj Kumar, Advocate Mr.Md.Reyaj, Advocate For the Respondent/s :

Mr.P.K. Shahi, Advocate General ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 18-07-2024

Patna High Court CWJC No.10620 of 2024 dt.18-07-2024 2/3 The petitioner by the above Public Interest Litigation seeks for restraining the construction of Panchayat Bhawan appertaining to Khata No- 1564, Survey Plot No- 7294 Area- 40 decimal (12 Kattha 30Dhur), situated at Mauza- Mokarampur, Thana No- 98, P.S.- Sakri, Sub-Division- Madhubani, DistrictMadhubani.

2. The contention is that the said land is recorded in the Khatian as pokhar and it is also averred that the land is now used as a playground by the youth of the village.

3. Admittedly, there is no pond existing in the land and merely because a land is used as a playground, the respondent-State cannot be prohibited from constructing a Panchayat Bhawan. The construction of the Panchayat Bhawan is also to benefit the public and in a land strapped State like Bihar when a policy decision is taken to construct a Panchayat Bhawan and the land is identified through the District Magistrate, there can be no hindrance caused by a public interest litigant.

4. We were of the opinion that writ petition was misconceived and understanding our mind, the learned Counsel for the petitioner sought for withdrawal of the petition.

5. The writ petition, hence stands dismissed as

Patna High Court CWJC No.10620 of 2024 dt.18-07-2024 3/3 withdrawn.

(K. Vinod Chandran, CJ) ( Partha Sarthy, J) Anushka/- AFR/NAFR CAV DATE Uploading Date 22.07.2024 Transmission Date