Shashi Bhushan Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13469 of 2025 ====================================================== Shashi Bhushan Kumar Singh son of Late Shiv Dhyan Singh, resident of Village-Mathwa, Ward No. 5, P.O. -Sanki, P.S. Riga, District - Sitamarhi, (Bihar) ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Panchayati Raj Department, Bihar, Patna.
2.
The Principal Secretary, Panchayati Raj Department Govt. of Bihar, Bihar, Patna.
3.
The Director, Panchayati Raj Department, Govt. of Bihar, New Secretariat, Patna.
4.
The Collector, Sitamarhi, District- Sitamarhi. 5.
The District Panchayati Raj Officer Sitamarhi, District- Sitamarhi. 6.
The District Land Acquisition Officer, Sitamarhi. 7.
The Block Development Officer, Riga, District- Sitamarhi. 8.
The Circle Officer, Riga, District- Sitamarhi. 9.
The Officer - in - Charge, Riga Police Station, District - Sitamarhi. 10.
The Panchayat Secretary, Gram Panchayat Raj Pakri Mathwa, Block Riga, District- Sitamarhi.
11.
The District Programme Officer, MANREGA, District- Sitamarhi. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shankar Kumar, Advocate For the Respondent/s :
Mr. Standing Counsel (16) ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 25-08-2025 The case of the petitioner is that one Sonfi Singh, since deceased, grandfather of the present petitioner was the original owner in respect of 25 decimal of land in Khata No. 64, Plot No. 391 situatued at Mauza Mathwa, Thana No. 264, Gram Panchayat Raj, Pakri Mathwa within Block and Anchal Riga, in the District of Sitamarhi.
Patna High Court CWJC No.13469 of 2025(2) dt.25-08-2025 2/3
2. The said land was used as an agricultural land and there was a tube-well set up by the said Sonfi Singh for irrigation purpose. Sonfi Singh died leaving behind his three sons, namely, Munsi Singh, Baldev Singh and Rajnarayan Singh. After the death of the said three sons, the present petitioner inherited the said property.
3. It is contended on behalf of the petitioner that khatiyan in respect of the land in question was prepared in the name of the said Sonfi Singh (Annexure-A1), the land possession certificate was issued in his name (A2) and the property was mutated also in the name of Sonfi Singh (A3). Subsequently, the petitioner came to know that from the said 25 decimal of land, a portion of land measuring about 460 feet was acquired by the State Government under MGNREGA program for construction of a pathway.
4. It is the grievance of the petitioner that the said portion of land was taken without initiating any proceeding under Land Acquisition Act, 1894 or the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. It is claimed by the petitioner that he is entitled to get the compensation for the land which has been acquired by the State Government. The
Patna High Court CWJC No.13469 of 2025(2) dt.25-08-2025 3/3 petitioner has also submitted that he filed representation to the District Magistrate, Sitamarhi as well as District Panchayat Officer, Sitamarhi for redressal of his grievance on 19th May, 2025. However, till date his representation was not considered.
5. Having heard the learned Advocates for the petitioner as well as the State, the instant writ petition is disposed of directing the District Magistrate, Sitamarhi to dispose of the representation dated 19th May, 2025 in accordance with law, within six weeks from the date of communication of the order, by giving opportunity to the petitioner and any other person interested of hearing by passing a reasoned order.
6. With the above direction, the instant writ petition is allowed on contest.
7. However, there shall be no order as to cost. (Bibek Chaudhuri, J.) Jyoti Kumari/- U