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2025 DAILYLAW 16775 (PAT)

Kewatsa Gram Vikas Samiti v. The State of Bihar

CWJC/2565/2025 · 2025-02-24

Nawneet Kumar Pandey

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2565 of 2025 ====================================================== 1. Kewatsa Gram Vikas Samiti represented through its President namely Ramkumar Rai (Male Aged about 43 years) s/o Kailash Rai, Resident of Kewatsa, Post and Panchayat Munni Baingari, Block- Bandra, P.S- Piar, District- Muzaffarpur, Bihar Pin Code- 843115. 2. Ramkumar Rai, S/o Kailash Rai, President Kewatsa Gram Vikas Samiti, Resident of Kewatsa, Post and Panchayat- Munni Baingari, Block- Bandra, P.S- Piar, District- Muzaffarpur, Bihar Pin Code- 843115. 3. Indrajeet Sahni, S/o- Ramsewak Sahni, Secretary Kewatsa Gram Vikas Samiti, Resident of Kewatsa, Post and Panchayat- Munni Baingari, Block Bandra, P.S- Piar, District- Muzaffarpur, Bihar Pin Code- 843115. ... ... Petitioner/s Versus 1. The State of Bihar through Additional Chief Secretary Revenue and Land Reforms, Govt. of Bihar. 2. The Collector -Cum- District Magistrate, Muzaffarpur. 3. The Additional Collector, Muzaffarpur. 4. The Deputy Collector, Land Reforms, Muzaffarpur, District- Muzaffarpur. 5. The Circle Officer, Bandra, District- Muzaffarpur. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Ranjan Kumar Dubey For the Respondent/s : Mr.Standing Counsel (25) ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 2 24-02-2025 Heard the parties. 2. The present writ petition has been filed by the petitioner for following reliefs:- (i) For issuance of writ in the nature of Mandamus directing the respondents to not construct Panchayat Bhawan over the land of Thana No. 904, Khata no. 297, Plot No. 245, Mauza- Kewatasa, District- Muzaffarpur which is in continuous possession of Gram Vikash Samiti. (ii) For issuance of writ in the nature of Patna High Court CWJC No.2565 of 2025(2) dt.24-02-2025 2/3 Mandamus directing the respondents to dispose of the different representations filed by the petitioners along with other local persons with a prayer to cancel the proposal of the construction of Panchayat Bhawan and dumping yard over the land of Thana No. 904, Khata no. 297, Plot No. 245, Mauza- Kewatasa, District- Muzaffarpur which is in continuous possession of Gram Vikash Samiti and sift the same on different land in the locality since petitioners have already given their consent and representation for construction of college over the land in question. (iii) For issuance of any other writ/writs, order/orders for which petitioners deemed entitled to. 3. The land in question is recorded in the name of State of Bihar in Revisional Survey Khatiyan. A Panchayat Sarkar Bhawan is proposed to be constructed on that land. 4. The petitioner (Gram Vikas Samiti) claims to be occupant of the said land. Since its (Gram Vikas Samiti) name has been recorded in remarks column of the khatiyan, objections are being raised in construction of the Panchayat Sarkar Bhawan. 5. It has been submitted by the learned counsel for the petitioner that the land in question is in possession of Gram Vikash Samiti, as such, the State Government cannot construct Panchayat Sarkar Bhawan thereon. 6. On the other hand, the learned counsel for the State Patna High Court CWJC No.2565 of 2025(2) dt.24-02-2025 3/3 has submitted that after zamindari abolition, the State became the landholder and in the main column of khatiyan, the name of State of Bihar has been entered which establishes ‘Malikana Haque’ of the State over the land in dispute. He has submitted further that as per policy decision, the Panchayat Sarkar Bhawan can only be constructed on the land, belonging to the State Government. 7. The land in question, as per khatiyan, is belonging to the State of Bihar, as such, there is no any legal infirmity in construction of Panchayat Sarkar Bhawan on the proposed land. 8. I do not find merit in the present writ petition. Accordingly, it is dismissed. kundan/- (Nawneet Kumar Pandey, J) U