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Patna High CourtCWJC/494/2026disposed

Pankaj Kumar Kunwer v. The State Of Bihar

2026-01-20Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.494 of 2026 ====================================================== Pankaj Kumar Kunwer S/o Late Jamuna Kunwar, Resident of House No. 12, street No. 20, Anand Nagar, Patiala, Punjab At Present Village -Akhtiyarpur, P.O and P.S.-Garkha, District-Saran at Chapra. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary/Additional Chief Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna. 2.

The Collector cum District Magistrate, Saran at Chapra. 3.

The Circle Officer, Garkha, Saran at Chapra.

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

For the Petitioner/s :

Mr.Ashok Kumar For the Respondent/s :

Mr. Anant Pd Singh Standing Counsel (15) Mrs. Deepika Sharma, AC to SC 15 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-01-2026

1. Heard the parties.

2. The petitioner has filed the present writ application for quashing the notice no. 1698 dated 12.12.2025 issued by the respondent no. 3 - Circle Officer, Garkha, District- Saran at Chapra whereby there is a proposal for construction of Panchayat Bhawan upon the raiyati land of the petitioner situated at Mauza -Mukimpur , Thana No. 431, Khata No. 296, Survey No. 1088 to the extent of 5 Katha 8 Dhur 12 Dhurki out of the total area of land measuring 19 Katha 18 Dhur.

3. Learned counsel for the petitioner submits that land in question is the ancestral / raiyati land of the petitioner which was settled in favour of Devki Kuwar by the ex-landlord on

Patna High Court CWJC No.494 of 2026(2) dt.20-01-2026 2/3 12.02.1924. After abolition of Zamindari system, Jamabandi was created in the name of petitioner's ancestors having Jamabandi No. 87 (Old) / 85 (New) and the petitioner has been paying rent revenue since long and the receipts starting from 1962 onward has been annexed as Annexure P-3 Series to the writ petition. L.P.C. has also been issued in favour of the petitioner by Circle Officer, Garkha, Saran on 17.09.2009 pertaining to the subject land. The co-sharers of the petitioner has transferred some portion of the land in favour of the purchasers, sale deed of which has been annexed as Annexure - 5 Series.

4. Learned counsel for the State submits that notice has been issued only to the effect to the petitioner to produce evidence in his favour showing that the land in question belongs to the petitioner and his predecessor in interest. Accordingly, the petitioner may approach the authority and produce all the relevant documents in support of his claim which may be decided by Circle Officer, Garkha, Saran at Chapra in accordance with law.

5. Considering the nature of dispute in the writ application, the petitioner is directed to produce all relevant papers showing his right, title and interest upon the subject land

Patna High Court CWJC No.494 of 2026(2) dt.20-01-2026 3/3 before the Circle Officer, Garkha, Saran at Chapra within fifteen days from today. If such papers are produced by the petitioner in support of his claim, the respondent no. 3 - Circle Officer, Garkha, Saran at Chapra shall be obliged to take a decision upon the same after giving opportunity of personal hearing to the petitioner and all concerned and shall pass a speaking and reasoned order within a period of two months from the date of receipt / production of the documents by the petitioner.

6. With the aforesaid observation and direction, this writ application is disposed of.

(Anil Kumar Sinha, J) praful/- U