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2024 DAILYLAW 1324 (PAT)

Pradumna Rai v. The State of Bihar

CWJC/7074/2024 · 2026-04-18

Rajiv Roy

body2024

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7074 of 2024 ====================================================== 1. Pradumna Rai Son of Late Dr. Anirudh Rai Resident of Village - Andar, Post- Andar, District - Siwan. 2. Raghu Bansh Rai S/o Late Dr. Anirudh Rai Resident of Village - Andar, Post- Andar, District - Siwan. ... ... Petitioner/s Versus 1. The State of Bihar through the Additional Chief Secretary, Revenue and Land Reforms Department, Government of Bihar. 2. The Collector, District - Siwan. 3. The Additional Collector, Siwan, District - Siwan. 4. The Deputy Collector Land Reforms, Siwan. 5. The Circle Officer, Andar, District - Siwan. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Ranjan Kumar Dubey, Advocate : Mr. Shashank Kashyap, Advocate : Mr. Kumar Gaurav, Advocate : Mr. Nawnit Kumar Tiwary, Advocate For the State : Mr. Prabhakar Jha, GP-27 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 2 18-04-2026 Heard Mr. Ranjan Kumar Dubey, learned counsel for the petitioners and Mr. Prabhakar Jha, learned GP-27 representing the State. 2. The present petition has been preferred for the grant of following relief(s): “(i) for issuance of writ in the nature of mandamus directing and commanding the official respondents to not make any type of further construction over the disputed land i.e Tauzi No. 155, Khata No. 60, Plot No. 347, 12 Bigha out of its total area 14 Bigha 10 Katha 08 Patna High Court CWJC No.7074 of 2024(2) dt.18-04-2026 2/3 dhurs situated at Mauza Gaura, Pargana- Andar, District-Siwan during pendency of the writ petition. (ii) for issuance of writ in the nature of mandamus directing/commanding the respondents to not take any forceful possession over the disputed land i.e Tauzi No. 155, Khata No. 60, Plot No. 347, 12 Bigha out of its total area 14 Bigha 10 Katha 08 dhurs situated at Mauza Gaura, Pargana Andar, District- Siwan which raiyati land of petitioners without following the process of law. (iii) for issuance of any other writ/writs, order/orders for which petitioner deemed entitled to.” 3. The land details are there in the prayer portion and need no repetition. 4. It is the case of the petitioner that without any acquisition process, the Deputy Collector, Land Reforms, Siwan as also Circle Officer, Andar, Siwan tried to get forcible possession which led to his filing of the writ petition. 5. On query, the submission is that they chose not to Patna High Court CWJC No.7074 of 2024(2) dt.18-04-2026 3/3 accept the representation which was preferred before the Collector, Siwan (respondent no.2). 6. Mr. Prabhakar Jha, learned GP-27 submits that it is unbelievable that a representation will not be accepted. In any case, if any such representation is preferred, it will be taken to its logical conclusion. 7. In that background, the writ petition is disposed of allowing the petitioners to approach the respondent no.2, the Collector, Siwan, if still the grievance against the aforesaid two respondents is/are there. 8. In case such representation is preferred in next four weeks, the Collector, Siwan (respondent no.2) after noticing/hearing all the parties will take the matter to its logical conclusion at an earliest. 9. The writ petition is disposed of with the aforesaid observation. 10. Any development that will take place in between will be subject to the final order passed by the Collector, Siwan. vinayak/- (Rajiv Roy, J) U