Yashwant Kumar @ Yashwant Kumar Chaurasiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12235 of 2025 ====================================================== Yashwant Kumar @ Yashwant Kumar Chaurasiya Son of Binod Prasad Chaurasiya Resident of village- Dadanchak (Gharwada), P.S.-Suppi, DistrictSitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Department of Planning and Development, Government of Bihar, Patna.

2.

The Secretary, Department of Revenue and Land reforms department, Government of Bihar, Patna.

3.

The District Magistrate, Sitamarhi.

4.

The District Development Commissioner, Sitamarhi. 5.

The Additional District Magistrate, Sitamarhi. 6.

The Sub Divisional Magistrate, Sadar, Sitamarhi. 7.

The District Planning Officer, Sitamarhi.

8.

The Executive Engineer, Local Area Engineering Organization, Sitamarhi. 9.

The Circle Officer, Suppi, Sitamarhi.

10.

The Station House Officer, Suppi Police Station, Sitamarhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vipin Kumar For the Respondent/s :

Mr. Kumar Pankaj, AC to SC-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-08-2025

1. Heard learned counsel for the petitioner and leaned AC to SC-5 for the State.

2. The learned counsel appearing on behalf of the petitioner submits that the land in dispute in the instant writ application appertains to Khata No. 109, Khesra No. 252, Khata No. 141 (old), Khesra No. 564 (old), area 38 decimal, Thana No. 70 at Mouza-Dadanchak, District- Sitamarhi.

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3. It is submitted by the learned counsel appearing on behalf of the petitioner that the land in dispute in the instant writ application is raiyati land of the petitioner. It is next submitted that petitioner noticed that some construction on the land in dispute has commenced, as such, he immediately filed an application before the Collector, Sitamarhi and the Circle Officer, Suppi seeking redressal of his grievance as raised in the instant writ application. It is submitted that the Circle Officer, Suppi vide his Letter dated 09.07.2025 addressed to the SHO, Suppi directed to ensure that the construction on the land in dispute till further orders is not carried out, but still the construction is proceeding. It is next submitted that when petitioner enquired, it transpired that from the MLA fund, ghat is being constructed on the land of the petitioner. It is further submitted that though petitioner had represented before the District Magistrate, Sitamarhi by his representation dated 09.07.2025, but then no action was taken, as such, the petitioner had to rush to this Court.

4. The learned counsel appearing on behalf of the State submits that the writ application can be disposed of

3/4 with a liberty to the petitioner to file a fresh representation before the District Magistrate, Sitamarhi seeking redressal of his grievance as raised in the instant writ application, on which the learned counsel appearing on behalf of the petitioner submits that the petitioner will file a fresh representation on or before 18.08.2025 before the Collector, Sitamarhi.

5. After hearing the learned counsel for the parties, the writ application is disposed of with liberty to the petitioner to file a fresh representation before the Collector, Sitamarhi seeking redressal of his grievance as raised in the instant writ application.

6. In the event if any representation is filed by the petitioner on or before 18.08.2025, in that event the Collector, Sitamarhi shall consider and dispose of the representation of the petitioner within a period of two months from the date of filing of the representation in accordance with law, after giving proper opportunity of hearing to all concerned including the petitioner.

7. It is made clear that in the event if no application is filed by the petitioner on or before

4/4 18.08.2025, in that event the Collector, Sitamarhi shall not be obliged to dispose of the representation of the petitioner within the time frame as recorded hereinabove.

8. It is further made clear that the construction on the land in dispute shall remain in abeyance till 18.08.2025, and thereafter, it would be solely at the discretion of the Collector, Sitamarhi to extend or not to extend the period of stay.

(Satyavrat Verma, J) Rishabh/- U