Rajkumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13558 of 2024 ====================================================== Rajkumar Son of Late Jawahir Sah, Resident of Ward No. 12, Prakash Nagar, Narkatiaganj, P.S.- Shikarpur, District- West Champaran. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, West Champaran, Bettiah. 3.

The Sub Divisional Officer, Narkatiaganj, West Champaran. 4.

The Land Revenue Deputy Collector, Narkatiaganj, West Champaran. 5.

The Circle Officer, Narkatiaganj, West Champaran. 6.

The Station House Officer, P.S. - Shikarpur, Narkatiaganj, West Champaran. 7.

Ajay Kumar, Son of Late Lakshman Prasad, Resident of Ward No. 2, Purani Bazar, Narkatiaganj, P.S. - Shikarpur, District- West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vatsal Verma, Advocate For the Respondent/s :

Mr.Ajay Behari Sinha, GA-8 Ms.Seema Ghazala, AC to GA-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-09-2024

1. The present writ petition has been filed seeking the following relief(s):- "1. That this is an application praying for issuance of a Writ in the nature of a Writ of Certiorari or any other appropriate Writ, order or direction, for quashing the Notice contained in Memo No. 793 dated 10.05.2024, issued by the Respondent No. 4, including quashing of any proceeding initiated in furtherance to the aforesaid notice, since the said notice/ proceeding has been issued / initiated beyond the jurisdiction of Respondent No. 4, as the land

Patna High Court CWJC No.13558 of 2024(2) dt.19-09-2024 2/3 referred in the aforesaid notice is the ancestral property of the Petitioner and does not falls within the provisions of BLDR Act. The Petitioner further prays for a consequential Writ of Mandamus, or any other appropriate Writ order, commanding the Respondents, particularly Respondnent No. 4 and 5, to open the grocery store of the Petitioner and allow him to run his grocery store peacefully, situated at Mauza - Shikarpur, Thana No. 111, Khata No. 4, Khesra No. 678, Area 0.067 decimal, at Ward No. 15, Narkatiaganj, West Champaran, which has been illegally closed by Respondent No. 5 on 09.04.2024, upon the instructions of Respondent No. 4, by putting locks upon the main gate of the shop of the Petitioner, at the behest of Respondent No.7, who has evil eyes over the property of the Petitioner."

2. At the outset, the learned counsel for the petitioner submits that instead of the Deputy Collector Land Reforms, Narkatiaganj (West Champaran), the District Magistrate, West Champaran at Bettiah be directed to look into the grievances of the petitioner and address the same.

3. Having regard to the limited prayer made by the petitioner in the present writ petition, I deem it fit and proper to grant liberty to the petitioner to file appropriate representation

Patna High Court CWJC No.13558 of 2024(2) dt.19-09-2024 3/3 before the District Magistrate, West Champaran at Bettiah, within a period of two weeks from today and in case such a representation is filed, the same shall be decided, in accordance with law, by passing a reasoned and a speaking order, within a period of four weeks, thereafter.

4. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Saurav/- U