Ram Sagar Singh (Ex-Military Person J.C. 327873N) v. The State of Bihar
CWJC/9569/2024 · 2026-07-13
Rajiv Roy
body2024
DailyLaw.ai
[ 2024 DAILYLAW 2159 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2024 DAILYLAW 2159 (PAT) · dailylaw.ai ]
Judgment text
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9569 of 2024 ====================================================== Ram Sagar Singh (Ex-Military Person J.C. 327873N) S/o Late Kuldeep Singh Resident of Village- Chotaipatti, PS and Anchal-Darbhanga Sada, District- Darbhanga. ... ... Petitioner/s Versus
1. The State of Bihar through Additional Chief Secretary, Revenue and Land Reforms Govt. of Bihar. 2. The District Magistrate-cum-Collector, Darbhanga. 3. The Additional Collector, Darbhanga. 4. The Deputy Collector Land Reforms, Darbhanga. 5. The Circle Officer, Darbhanga Sadar. 6. Sri Gopal Singh son of Late Shyam Nanda Singh Resident of Village Chhotaipatti, P.S and Anchal - Sadar, District - Darbhanga. 7. Sri Kishore Singh @ Sintu Singh son of Late Shyam Nanda Singh Resident of Village Chhotaipatti, P.S and Anchal - Sadar, District - Darbhanga. 8. Sri Govind Singh @ Mintu Singh son of Late Shyam Nanda Singh Resident of Village Chhotaipatti, P.S and Anchal - Sadar, District - Darbhanga. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Ranjan Kumar Dubey, Advocate For the State : Mr. Government Pleader 13 : Mr. Ravi Kumar, AC to GP-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 3 13-07-2026 Heard Mr. Ranjan Kumar Dubey, learned counsel for the petitioner and learned State counsel. 2. The present petition has been preferred for the grant of following relief(s):
“(i) to issue a writ of Mandamus commanding respondent authorities 1st set particularly the Collector to conclude the
Patna High Court CWJC No.9569 of 2024(3) dt.13-07-2026 2/4 proceeding of Settlement Case No. 01/1988-89, appertaining to New Khata No- 1617 (Old Khata No. 328), New Kheshra No- 1509 (Old Khesra No. 1317), Area-5 katha and 2 dhur which is situated in Village- Chhotaipatti, Thana No. 423, Anchal Darbhanga, District- Darbhanga and grant settlement paper to petitioner within the stipulated time fixed by this Hon'be Court. (ii) further for direction to the respondent 1st set to take coercive action against respondent 2nd set for removal of encroachment which has been encroached by respondent 2nd set on the adjoining east to the land under settlement land (New Khata No- 1617 (Old Khata No. 328), New Kheshra No- 1509 (Old Khesra No. 1317)) which is in the nature of Gair Mazarua Malik and as per Khatiyan it is Gair Majarua Aam.
(iii) further for issuance of any other writ/writs, direction/directions, order/orders for which petitioner shall be found entitled under the facts and circumstances of this case.”
Patna High Court CWJC No.9569 of 2024(3) dt.13-07-2026 3/4
3. The petitioner is an Ex-Army Man and claims that a piece of land was under consideration for settlement in Settlement Case No. 01 of 1998 which remain pending before the Revenue Authorities. 4. The details of the land stand incorporated in paragraph no.4 of the petition and recorded as under:
“New Khata No.-1617 (Old Khata No. 328), New Kheshra No.- 1509 (Old Khesra No. 1317), Area 1 Acre 2 Kattha and 2 dhur out of which 5 katha and 2 dhur is under settlement which is in the nature of Gairmajarua Malik and as per Khatiyan it is Gairmajarua Aam which is situated in Village- Chhotaipatti, Thana No. 423, Anchal Darbhanga, District- Darbhanga.”
5. The claim is that the petitioner moved to the said place and presently is residing there. The respondent nos. 6 to 8 started disturbing which followed the representation before all the revenue authorities but they have failed to look into the matter/pass an appropriate order so that the two fold prayer of the petitioner are resolved. 6. The writ petition is of the year 2024, two years later, when it has been taken up, the contention of the learned
Patna High Court CWJC No.9569 of 2024(3) dt.13-07-2026 4/4 State counsel is that they have not received any instruction from the respondent authorities, in that background, adjourning the matter further will serve no purpose when the respondents have failed to file affidavit. 7.
In that background, with the consent of the parties, the writ petition is disposed of directing the petitioner to approach the Collector, Darbhanga (respondent no.2) in next four weeks by filing appropriate petition with supporting documents who shall look into the matter and after hearing all the necessary parties including the Circle Officer, Darbhanga Sadar, Darbhanga shall pass necessary within a period of three months from the date the copy of the present order received in his/her office. 8. The writ petition is disposed of with the aforesaid observation. vinayak/- (Rajiv Roy, J) U