Ramvinay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17619 of 2025 ====================================================== Ramvinay Yadav, son of late Bishunath Yadav, Resident of village Budhi Bigha Kashor, P.O- Akbarpur, P.S.- Paliganj, Dist Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Bihar, Patna. 2.

The Principal Secretary Department of Urban Development and Housing, Government of Bihar, Patna.

3.

The District collector, District Patna.

4.

The Sub Divisional Officer (SDO), Paliganj, District Patna. 5.

The Circle Officer, Paliganj Anchal, District Patna. 6.

The Secretary Nagar Panchyat Paliganj, District Patna. 7.

The Deputy Development commissioner, District- Patna. 8.

The Deputy collector Land Reforms, District Patna. 9.

The circle Inspector, Paliganj, District- Patna. 10.

The Revenue Officer, Paliganj, District- Patna. 11.

The Anchal Amin, Paliganj, Disttrict Patna.

12.

Sandeep Saurav, son of not known, Residence of J-1, New Punaichak, Patna, P.O.- Punaichak, Mobile no 9013778740, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramji Kumar, Adv.

For the State-resp.

:

Mr. Surajdeo Yadav (AAG-09) For the Resp. No. 6 :

Mr. Sunil Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 17-11-2025 The instant writ petition has been filed by the petitioner under Article 226 of the Constitution of India seeking the following reliefs: - "a. For issuance of an appropriate Writ/Writs, Order/Orders, Direction/ Directions to the respondents to decide the application filed by the petitioner on 05/08/2025 before the district collector Patna (Respondent no 03) for Regarding stopping the

2/4 filling of soil by the Urban Development and Housing Department of Bihar Government on Raiyat land whose Thana no 319, Khata no 325, Kesara no 250, area 0.13 decimal, Mouza Nirakhpur Pali.

For the land which has been not required by respondents.

And b. For issuance of an appropriate Writ/Writs, Order/Orders, Direction/ Directions to stop the filling of soil of the land with Thana no 319, Khata no 325, Kesara no 250, area 0.13 decimal, Mouza Nirakhpur Pali.

And.

c. For issuance of an appropriate Writ/Writs, Order/Orders, Direction/ Directions for filling of soil by the Urban Development and Housing Department of Bihar Government on Raiyat land to direct the respondents to act under the law emanating from principal of natural justice under article 14 and 21 of the constitution of India And d. For issuance of an appropriate Writ/Writs, Order/Orders, Direction/ Directions or Quashing any other relief or reliefs for which petitioner is entitled in accordance with Law. And e. During pendency of this application be pleased to stay the any act don by the respondents in connection with construction on the Thana no 319, Khata no 325, Kesara no 250, area 0.13 decimal, Mouza Nirakhpur Pali.

And/or Pass such other order or orders, directions or directions to the respondents, as your lordships may deem fit and proper for the ends of

3/4 justice.

And for this the petitioners shall ever pray."

2. Mr. Ramji Kumar, learned counsel for the petitioner, Mr. Surajdeo Yadav, learned AAG-09 for the Staterespondents and Mr. Sunil Kumar, learned counsel for the respondent No. 6, are present and they are heard.

3. The main issue raised by the petitioner in this writ petition is that upon his raiyati land purchased through a registered sale deed (Annexure-P/1), the District Collector, Patna (respondent No. 3), has taken steps for filling soil even without affixing a notice board showing the scheme of the Government under which the said soil-filling work has started, which shows the said act to be against the provisions of law and in this regard, the petitioner has filed several representations before the respondent Nos. 2, 3, 4 & 5 but even then no action has been taken.

4. Learned AAG-09 for the State-respondents submits that as the petitioner's representations filed before the respondent Nos. 2, 3, 4 & 5, are still pending, so, the District Collector, Patna (respondent No. 3) may be directed to dispose of the petitioner's representation dated 05.08.2025, which is said to have been filed by the petitioner before him and the District

4/4 Collector, Patna (respondent No. 3) is the appropriate authority to redress the petitioner's issue.

5. Considering the aforesaid submission as well as the issue raised by the petitioner, this Court finds that the issue raised by the petitioner is premature for consideration by this Court under its writ jurisdiction, however, District Collector, Patna (respondent No. 3) is directed to look into the grievance raised by the petitioner in his representation dated 05.08.2025 and dispose of the same as per the provisions of law, in the next four weeks from the date of receipt of a copy of this Court's order or production of the same. Accordingly, the instant writ petition stands dispose of.

(Shailendra Singh, J) annu/- U