Navin Kumar Singh And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1851 of 2017 ====================================================== 1.
Navin Kumar Singh son of Late Ram Deo Singh, 2.
Bhola Singh, son of Late Prayag Singh, 3.
Mithlesh Kumar Singh, son of Late Baiju Singh, 4.
Uday Kumar Singh, son of Late Baijnath Singh, 5.1. Jitendra Singh 5.2. Murari Singh 6.
Tarun Kishore Singh, son of Lali Nawal Kishore Singh, 7.
Bijay Kumar Singh, son of Late Vishwanath Singh, 8.
Surendra Singh, son of Ram Lagan Singh, null 9.
Krishna Singh, son of Late Ram Deni Singh, 10.
Raj Narayan Singh, son of Late Ram Vilas Singh, 11.
Sunil Singh, son of Late Yadubansh Singh, 12.
Ashok Kumar Singh, son of Harvansh Prasad Singh, 13.
1.
Kanti Devi W/o Late Dhiraj Raj Singh X 14.
Anil Prasad @ Anil Kumar, son of Late Gopal Sao, All resident of VillageDevichak, Station Road, P.S.- Fatuha, District- Patna. ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
The Principal Secretary, Land Revenue Department, Govt. of Bihar, Patna. 3.
The Director, Land Acquisition, Govt. of Bihar, Patna. 4.
The Collector, Patna, District- Patna.
5.
The District Land Acquisition Officer, Patna, District- Patna. 6.
The Sub-Divisional Officer, Patna City, District- Patna. 7.
The Circle Officer, Fatuha, District- Patna.
8.
Administrator, Bihar State Agricultural Marketing Board, Patna. 9.
S.D.O. - cum- Special Officer, Futuha Agricultural Produce Market Committee.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Braj Kishore Singh, Advocate Mr.Kumar Harsh, Advocate For the Respondent/s :
Mr.Dhurjati Pd. Singh, GP-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
2/6 ORAL ORDER 07-07-2025 Heard the parties.
2. The present petition has been preferred for :- "i. For issuance of an appropriate writ, order, direction to respondents to release the acquired lands of petitioners and to reconvey the same in favour of petitioners in pursuance of the resolution issued by respondents and in pursuance of the decision once respondents petitioners. in taken favour by of ii. For issuance of an appropriate writ, order, direction to the respondents that they are not entitled to keep the acquired lands vacant till date from its acquisition in year 1973 without using the land for the purpose it was acquired and to earn the money as raiyat of the land by making yearly settlement agricultural purposes.
iii. For issuance of an appropriate writ, order, direction to the respondents that petitioners have been granted liberty twice by the Hon'ble High Court to respondents raise the issue before i.e. in CWJC No. 10698/98 on 07.09.99 and again in CWJC No. 10346/2000 on 03.08.2007 and petitioners have making prayes in written alongwith all relevant documents for releasing and reconveyance the acquired land of the petitioners for which once
3/6 the decision have been taken up to the level of the head of the department and petitioners the same. were communicated iv. For that reconvey petitioner the once the decision lands acquired was taken and collector Patna was directed to of the to accept the amount of paid compensation from petitioners and to prepare draft of reconveyance with the consent of the then Bihar state marketing Board constituted under law but in the mean time the said statutory body was dissolved and all assets and liabilities were vested in the state of Bihar hence liberty was given to the petitioner at 2nd time to raise the claim if so advised.
For issuance of an appropriate writ, order, direction to the respondent that under the facts stated in this writ application it is the demand of law and justice to release and reconvey the acquired lands petitioners in their favour, once, in accordance with law of at as possession has been given in favour of petitioners on the acquired land by the pursuance local authorities of suggestions higher authorities. of in the vi. For issuance of any appropriate writ, direction granting any other reliefs for which the petitioners are found entitle under the facts and circumstances as stated in this writ application."
4/6
3. This case has chequered history starting 1998, when CWJC No.10698 of 1998 (Navin Kr. Singh and Ors. Vs. State of Bihar and Ors.) was filed before Patna High Court. A Bench of this Court directed the Secretary, Land Revenue, Government of Bihar, Patna, vide order dated 07.09.1999, to take up the matter and decide it within a period of six months (annexure-1 to the petition).
4. As they failed to decide, another writ petition vide CWJC No.10346 of 2000 (Navin Kr. Singh and Ors. Vs. State of Bihar and Ors.) was filed. It was dismissed as withdrawn on 03.08.2007, by a co-ordinate Bench of this Court (annexure-11 to the petition).
5. Thereafter, the petitioner chose to represent before the Principal Secretary, Land Reforms and Revenue, Bihar, Patna. Correspondence took place and in the meantime, there is also a report of Additional Collector, Patna addressed to the Revenue Secretary, Revenue, Land Reforms Department, Bihar, Patna, (Memo No.572 dated 06.07.2015) which talks about taking possession of the land by this petitioner and other farmers but no further detail is available (annexure-16) nor the State has bring anything on record.
6. It is the contention of the learned counsel for the
5/6 petitioner that there is a positive report that out of 25 acres of land, the State has nothing to do with the 15 acres of land and in that background, they should have taken a decision long back but have failed to do so. He submits that it would suffice that if direction be given to the respondents, especially, Additional Chief Secretary, Revenue and Land Reforms Department, Bihar, Patna to atleast take the decision as now the Marketing Board stands abolished and merged with State itself.
7. Counter affidavit on behalf of the respondent nos.4 and 5 has been filed duly signed by District Land Acquisition Officer, Patna. It also talks about the several correspondence that has been held with help of respondents, regarding the grievance of the petitioners.
8. In short, the petitioners want simple consideration of their grievance, which is pending before the respondents for quarter century. Learned counsel for State submits that if a proper representation with order supporting document is filed, certainly, State will take it to its logical conclusion.
9. In that background and having taken note of the facts, as incorporated above, this Court observes that if the petitioners prefer their individual petition before the respondent Additional Chief Secretary, Revenue and Land Reforms
6/6 Department, Bihar, Patna, within a period of four weeks, after hearing all the parties including the stakeholder/officials relating to the said land in question, it is expected that the concerned respondent shall be taking the matter to its logical conclusion preferably by the 31st December, 2025.
10. The writ petition is disposed off with the aforesaid directions.
11. Pending Interlocutory Application(s), if any also stand(s) disposed off.
(Rajiv Roy, J) Saurav/- U