Vinay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19392 of 2025 ====================================================== Vinay Kumar singh S/o Late Tirpit Narayan Singh, Resident of Village Mahuli, PO and PS Athmalgola, District Patna (Bihar), PIN 803211. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Bihar, Patna.

2.

The Additional Secretary, Panchayati Raj Department, Government of Bihar, Patna.

3.

The District Magistrate, Patna.

4.

The Circle Officer, Athmalgola, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Waliur Rahman, Advocate :

Mr. Nishant Kumar Sinha, Advocate For the State :

Mr. Government Pleader (24) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-12-2025 Heard Mr. Waliur Rahman, learned counsel for the petitioner and learned counsel representing the State.

2. The present petition has been preferred for the grant of following relief(s):

"(i) for a direction upon the respondent authority not to take a forcible possession of land of the petitioner pertaining to Mauza- Mahuli, Thana No-107,Khata No34,Khesera No- 159 an area 94 decimal(part), and a long Jambandi No. 23 since more than 60 years and last available receipt is of year 1962-

Patna High Court CWJC No.19392 of 2025(2) dt.02-12-2025 2/3 63, which is rayati land of the petitioner evident from the revenue record itself.

(ii) further if the authority want to take the land of the petitioner for the public purpose then it ought to be in view of Article 300A as well as the land acquisition law 2013 and to pay an adequate compensation to the petitioner.

(iii) further also direct not to disturb the peaceful possession of the petitioner till the disposal of the present writ application.

(iv) to pass such order/orders, direction/directions. writ/writs which deem fit and proper in the fact and circumstances of the case."

3. The petitioner claims to own the land under Athmalgola Circle as recorded in the prayer portion but the stand is that the respondents on a fine morning started making construction without either informing about it/issuing notice/giving any compensation despite the fact that for decades he is in possession of the land.

4. Learned counsel for the petitioner submits that though earlier petition was preferred before the Circle Officer,

Patna High Court CWJC No.19392 of 2025(2) dt.02-12-2025 3/3 Athmalgola, he intend to file a proper petition before the Collector, Patna (respondent no.3).

5. Learned State counsel submits that if such petition is filed, the same shall be taken to its logical conclusion.

6. In that background, the writ petition is disposed of allowing the petitioner to approach the Collector, Patna (respondent no.3) in next four weeks who shall be putting the concerned party including the Circle Officer, Athmalgola on notice and after hearing all the parties, shall be taking the matter to its logical conclusion at an earliest.

(Rajiv Roy, J) vinayak/- U