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2025 DAILYLAW 101900 (PAT)

Umesh Pandit v. The State of Bihar

CWJC/17625/2025 · 2025-11-17

Shailendra Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17625 of 2025 ====================================================== Umesh Pandit Son of Late Ram Nandan Pandit, Ward No. 14, Near Hanuman Temple, Resident of Village-Chhapki, P.O.-Chhapki, P.S.-Birpur, District- Begusarai (Bihar) Pin Code-851131. ... ... Petitioner/s Versus 1. The State of Bihar through the Chief Secretary Revenue, Government of Bihar, Patna. 2. The Executive Engineer, Rural Works Department, Karya Pramandal, Begusarai, District-Begusarai. 3. The District Collector, Begusarai, Bihar. 4. The Circle Officer, Anchal Birpur, District-Begusarai. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Jainendra Kumar, Adv. For the Respondent/s : Jitendra Kumar Kumar Roy, SC-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 2 17-11-2025 The instant writ application has been filed under Article 226 of the Constitution of India by the petitioner seeking the following relief(s): " (i) For issuance of a writ in the nature of Mandamus that the Petitioner with prayer from Hon'ble Court direction the respondent to remove the encroached land and gave the delivery of possession because the Government has without show-cause notice who has encroached raiyati residential house of land and he was made a construction in respect of said land whereby and whereunder that the Petitioner's grand-father Ram Kishun Pandit was purchased the land from Smt. Sabitri Devi wife of Rajeshwari Singh in respect of Khata No.505, 598, 601, Khesra Nos. 83, 82, 81 Area 9 Katha 4 dhur 5 Patna High Court CWJC No.17625 of 2025(2) dt.17-11-2025 2/3 dhurki, Mauza-Dersain Tar (Sarounja). Thereafter whose land was mutated upon grand-father namely Late Ram Kishun Pandit. Subsequently, rent receipt was paid to the Government. Thereafter rent receipt alongwith land possession certificate issued by the Circle Officer. (ii) For that without show-cause notice or initiation of any proceeding why the Government who has illegally encroached of Raiyati land and made a construction of Road. (iii) For any other relief/reliefs to which the Petitioner is entitled to." 2. Mr. Jainendra Kumar, learned counsel appearing for the petitioner and Jitendra Kumar Kumar Roy, learned counsel appearing for the State-respondents are present and they are heard. 3. The main issue raised by the petitioner in this writ petition is that upon the petitioner's raiyati land the Executive Engineer, Rural Works Department, Karya Pramandal, Begusarai, has constructed a road without getting consent or no objection of the petitioner and for redressing the petitioner's issue, several applications have been filed before the concerned authorities, copies of which have been filed with this petition as Annexure -P/8. 4. This court is of the view that the issue raised by the petitioner is premature for consideration of this court under writ Patna High Court CWJC No.17625 of 2025(2) dt.17-11-2025 3/3 jurisdiction, however, the Collector, Begusarai, is directed to look into the petitioner's grievance detailed by him in his representation (Annexure- P/8) and take necessary steps for disposing of the same within six weeks from the date of receipt or production of this order's copy as per the provision of law and according to merit. 5. 5. Accordingly, the instant writ petition stands disposed of. Rajiv/- (Shailendra Singh, J) U