Bindeshwar Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19487 of 2024 ====================================================== Bindeshwar Roy son of Late Phaguni Roy, Resident of Village and PostSouthern Rajapakar, Police Station-Rajapakar, District-Vaishali (Bihar). ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate cum Collector, Vaishali. 3.

The Additional Collector, Vaishali, Hajipur.

4.

The Deputy Collector Land Reforms, Vaishali, Hajipur. 5.

The Land Acquisition Officer, Vaishali, Hajipur. 6.

The Circle Officer, Anchal Rajapakar, District-Vaishali. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhijeet Gautam, Advocate For the Respondent/s :

Mr. Mujtabaul Haque, GP-12 Mr. Manish Kumar, AC to GP-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 09-01-2025 Heard learned counsels for the parties.

2. In the instant petition, petitioner has prayed for following reliefs:- "i. For issuance of writ/s, order/s, direction/s in the nature of mandamus, commanding/ issuing a direction to the respondent authorities not to forcibly acquire and dispossess the petitioner from the land, which is subject matter of dispute in Title Suit No. 48/2019 pending before the learned Civil Court, Vaishali at Hajipur till its final disposal.

ii. Further to issue a direction especially to the Respondent No. 6 not to forcibly acquire only the land of the petitioner leaving adjoining land belonging to

Patna High Court CWJC No.19487 of 2024(2) dt.09-01-2025 2/2 other villagers for the purpose of expanding road.

iii. For issuance of an appropriate writ in the nature of mandamus directing the respondents not to change the nature of the land, which is subject matter of dispute in Title Suit No. 48/2019 till its disposal.

iv. Further for any other relief/s, order/s direction/s, which may deem fit and proper in the 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 to file appropriate petition in accordance with law in the Court concerned.

4. Learned counsel for the State submits that petitioner has always liberty to file any petition in accordance with law in any Court and he has no objection to the aforesaid prayer of the petitioner.

5. In view of the submissions of the learned counsels for the parties, this case is disposed of with liberty to the petitioner as prayed for.

(Sunil Dutta Mishra, J) rakhi/- U