Shyam Kishor Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.210 of 2025 ====================================================== Shyam Kishor Singh son of Late Kapil Deo Singh, R/o Vill.-Ibrahimpur, Police Station-Chhorahi in the district of Begusarai. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary Building Construction Department, Govt. of Bihar.

2.

The Director General of Police, Govt. of Bihar, Patna. 3.

The Additional Director General of Police (Building Construction), Patna. 4.

The District Magistrate, Begusarai.

5.

The Superintendent of Police, Begusarai.

6.

The Dy. S.P. (Head Quarter), Begusarai.

7.

The Sub-Divisional Officer, Begusarai.

8.

The Land Acquisition Officer, Begusarai.

9.

The SHO, Chhorahi Police Station in the District of Begusarai. 10.

The Circle Officer, Begusarai.

11.

Mr. Byomkesh Bhardwaj, son of Arbind Kumar Sinha, R/o Vill.-Sarvoday Nagar (Chhitraur), PS-Begusarai in the district of Begusarai. 12.

Mr. Krishna Kumar, son of Sri Sadanand Singh, R/o Vill.-Gungeriganj, Police Station-Begusarai in the district of Begusarai. 13.

Mr. Rajeev Kumar Singh, son of Sri Ram Sagar Singh, R/o Vill. Lohiya Nagar, Police Station-Town, PS Begusarai in the district of Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate For the Respondent/s :

Mr. AC to SC-28 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-01-2025 Heard learned counsel for the petitioner and learned AC to SC-28 for the State.

2. Learned counsel for the petitioner submits that the land pertaining to Khata No. 14, Plot No. 553, area 2 Katha, Mauza Panhas, district Begusarai was purchased from one Santosh Rai, the legal heir of Khatiyani Raiyat by a registered

2/4 Sale Deed No. 5840 dated 16.09.2015 (Annexure-1). It is further submitted that the purchased land was mutated in the name of the petitioner as well as his brother and Jamabandi No. 58 was created. Learned counsel for the petitioner submits that inadvertently the description of Jamabandi No. 58 could not be pleaded in the writ application. It is further submitted that thereafter the petitioner started paying rent and is continuously paying the rent of the land in dispute.

3. Learned counsel for the petitioner submits that Lohiya Nagar Police Station Building is being constructed on 0.605 decimals of land pertaining to Thana No. 355, Tauzi No. 603, Ward No. 27, Plot No. 553 based on a joint lease deed executed by respondent nos. 10 to 12 in favour of the Hon'ble Governor, State of Bihar. It is further submitted that 0.605 acres of land of the petitioner has also been utilized in the construction of the aforesaid police station without acquisition and compensation.

4. Learned counsel for the petitioner submits that since the land of the petitioner was also used in the construction of the aforesaid police station without acquiring the same, as such, the petitioner filed a representation dated 03.12.2024 before the District Magistrate-cum-Collector, Begusarai. It is

3/4 further submitted that the petitioner in the representation dated 03.12.2024 raised his grievance for redressal as raised in the instant writ application but then no action till date has been taken.

5. Learned counsel for the petitioner thus submits that the petitioner would be satisfied if the writ application is disposed of with a direction to the District Magistrate-cumCollector, Begusarai to dispose of the representation of the petitioner dated 03.12.2024 within a time frame.

6. Learned counsel for the State submits that the State does not have any objection if the writ application is disposed of with a direction to the District Magistrate-cum-Collector, Begusarai to dispose of the representation of the petitioner dated 03.12.2024 but then submits that it may be the possibility that the representation of the petitioner in the office of the District Magistrate-cum-Collector, Begusarai may not be found on which learned counsel appearing on behalf of the petitioner submits that a fresh representation would be filed before the District Magistrate-cum-Collector, Begusarai raising the grievance as raised in the instant writ application on or before 04.02.2025.

7. After hearing the learned counsel for the parties, the

4/4 writ application is disposed of with a direction to the petitioner to file a fresh representation before the District Magistrate-cumCollector, Begusarai with all the relevant documents raising the grievance as raised in the instant writ application for redressal on or before 04.02.2025 and if any representation is filed by the petitioner on or before 04.02.2025, the District Magistrate-cumCollector, Begusarai is directed to consider and dispose of the representation of the petitioner within a period of 45 days thereafter in accordance with law.

(Satyavrat Verma, J) Kundan/- U