Nadim Akram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17988 of 2024 ====================================================== Nadim Akram, Son of Late Md. Akram, resident of village- Kochgama, P.S. - Birpur, District- Supaul.

... ... Petitioner/s

Versus

1.

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

The Additional Chief Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.

3.

The District Magistrate-cum Collector, Supaul. 4.

The Additional Collector, Supaul.

5.

The Deputy Collector, Land Reforms (D.C.L.R.), Supaul, District- Supaul. 6.

The Sub-Divisional Officer, Birpur, District- Supaul. 7.

The Circle Officer, Anchal - Basantpur, District- Supaul. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Mishra, Advocate For the Respondent/s :

Mr. Standing Counsel (11) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 27-11-2024 Heard learned counsels for the parties.

2. In the instant petition, petitioner has prayed for following reliefs:- "1. That the petitioner above-named craves indulgence of this Hon'ble Court for issuance of appropriate order/ orders, direction/directions, writ/writs, preferably in the nature of Mandamus, commanding and directing the Respondents authority concerned, not to disturb the petitioner's land appertaining to Khata No. 81, old Kheshra No. 115, New Khesra No. 355, Area 0.50 decimal situated at Mauza/ villageKochgama, P.S.- Birpur, District- Supaul, which was settled in favour of ancestor of petitioner (grandfather) namely Md. Haji Tahir Uddin S/o Late Titu Mandal long back approx in the year 1948 by the Ex-landlord Raj Banaili and accordingly Jamabandi No.

Patna High Court CWJC No.17988 of 2024(2) dt.27-11-2024 2/2 81/937 was created and since then said land is coming in peaceful possession of the petitioner and his family members and uptodate rent receipt is being issued to the petitioner, but the Respondent Circle Officer, Basantpur without issuing any notice and without taking any consent from petitioner selected the said land of petitioner for constructing Panchayat Sarkar Bhawan vide his order dated 31.08.2022 and started construction work forcibly and illegally over the same declaring the said land as Government Gair Mazarua Khas land and despite apprising the situation to the Respondent authorities concerned by petitioner, no any action is being taken. Any other relief/reliefs for which petitioner is found entitled in facts and circumstances of this case."

3. Learned counsel for the petitioner submits that this case may be disposed of with liberty to the petitioner for filing representation before the concerned authority for redressal of his grievance.

4. Learned counsel for the State has no objection to this prayer of the petitioner.

5. In view of the submission of learned counsel for the petitioner, this case is disposed of with liberty to the petitioner as prayed for.

(Sunil Dutta Mishra, J) rakhi/- U