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2025 DAILYLAW 103205 (PAT)

Manoj Bhagat v. The State of Bihar

CWJC/18134/2025 · 2025-11-19

Shailendra Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18134 of 2025 ====================================================== 1. Manoj Bhagat Son of Late Rameshwar Bhagat, Resident of Village- Sitanabad North, Ward No.10, P.S.- Bakhtiyarpur, District- Saharsa- 852106. 2. Rampravesh Bhagat, Son of Late Prasad Bhagat, Village- Sitanabad South, Ward No.10, P.S.- Bakhtiyarpur, District- Saharsa- 852106. ... ... Petitioner/s Versus 1. The State of Bihar through the District Magistrate cum Collector, Saharsa. 2. The Additional District Magistrate cum Collector, Saharsa. 3. The Deputy Collector Land Reform, Saharsa. 4. The Circle Officer, Simri Bakhatiyarpur, Saharsa. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Subesh Sharma, Adv. For the Respondent/s : Mr.Asit Kumar Jha, AC to GP-02 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 2 19-11-2025 The instant writ application has been filed by the petitioners under Article 226 of the Constitution of India seeking the following reliefs:- “A. For issuance of writ in the nature of mandamus for commanding and directing the respondent authority to take a final decision or dispose of the petitioners’ representation (Annexure- P/4 & 5) addressed to the respondent no.4 with respect to illegal takeover of petitioners’ raiyati land for construction of Panchayat Bhawan without following the due process of law. B. And for any other relief/ Patna High Court CWJC No.18134 of 2025(2) dt.19-11-2025 2/3 reliefs for which the petitioners is found to be entitled under the provision of law involved in the present case.” 2. Mr. Subesh Sharma, learned counsel for the petitioners and Mr. Asit Kumar Jha, learned AC to GP 2 for the State-respondents are present and they are heard. 3. The main issue raised by the petitioners in this writ application is that upon the petitioners raiyati land a panchayat bhawan is going to be constructed but in this regard, no acquisition of the land has been made or no objection from the petitioners has been taken though, a general notice was issued by the Circle Officer, Simri Bakhtiyarpur, Saharsa (respondent no.4) on 20.12.2024 and after getting the knowledge of that notice the petitioners filed representations (annexure-P/4 and P/5) before the Circle Officer, respondent no.4 and the same are pending and no decision has been taken as yet. 4. On the other hand, learned counsel appearing for the State-respondents submits that the annexure P-3, the public notice, clearly depicts that the objections were to be filed till 28.12.2024 but the petitioners filed their representations on 19.9.2025 and 06.03.2025 after expiry of the prescribed time period. Patna High Court CWJC No.18134 of 2025(2) dt.19-11-2025 3/3 5. After hearing both sides, this court is of the view that though the issue raised by the petitioners is premature for consideration under writ jurisdiction and as per learned counsel for the State-respondents, the representations were filed after the expiry of the prescribed time period but the petitioners’ counsel has taken a plea that as soon as the petitioners got the knowledge of the notice they filed their representations, so, considering this aspect the instant writ petition stands disposed of with giving direction to the Circle Officer, respondent no.4 to dispose of the aforesaid representations of the petitioner, as per provisions of law and according to merit, within six weeks from the date of receipt/production of a copy of this order. 6. With the aforesaid direction, this writ petition stands disposed of. siddharthkr/BKS - (Shailendra Singh, J) U