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2025 DAILYLAW 18285 (PAT)

Krityanand Singh v. The State of Bihar

CWJC/2469/2025 · 2025-02-20

Nawneet Kumar Pandey

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2469 of 2025 ====================================================== Krityanand Singh son of Late Devlakhan Singh, resident of Village Walidad, P.O. -Walidad, Anchal-Kaler, P.S. - Mehandia, District - Arwal (Bihar) ... ... Petitioner/s Versus 1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Old Secretariat, Patna (Bihar). 2. The Additional Chief Secretary-cum-Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Old Secretariat, Patna, Bihar 3. The Principal Secretary, Panchayati Raj New Secretariat, Government of Bihar, Patna , 4. The Director, Panchayati Raj Government of Bihar New Secretariat, Patna 5. The Principal Secretary Rural Development Department, Government of Bihar, New Secretariat , Patna 6. The Commissioner Magadh Division, Gaya 7. The District Collector-cum- District Magistrate Arwal 8. The Superintendent of Police, Arwal 9. The Officer Incharge Mehandia, Arwal 10. The Officer Incharge Parasi, Arwal 11. The Additional Collector, Arwal 12. The Land Reforms Deputy Collector, Arwal. 13. The Block Development Officer Kaler Block, District - Arwal. 14. The Circle Officer, Kaler, Arwal 15. The Mukhiya Gram Panchayat Raj, Walidad, Arwal ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Manish, Advocate For the Respondent/s : Mr. Subhash Pd. Singh, G.A.-3 Mr. Indeshwari Pd. Mandal, A.C. to G.A.-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 2 20-02-2025 Heard learned Counsel for the parties. Patna High Court CWJC No.2469 of 2025(2) dt.20-02-2025 2/4 2. The present petition has been filed for the following reliefs:- (a) For issuance of writ in the nature of mandamus, directing/commanding the concern respondent to stop the illegal construction work of Panchayat Bhawan etc. immediately over the land in question having khata no.259, Khesra No. 1405, area 0.99 decimal situated at Mauza Walidad, Thana No. 118, Anchal-Kaler, District - Arwal, which is raiyati Land of the petitioner and the present construction has been stated without giving notice to the petitioner or without issuing notice to the petitioner and other co-sharers. (b) For further directing the concern respondent to take step to take legal and lawful action upon the representations/applications filed by the petitioner and other co-sharers since upon their land in question Panchayat Bhawan is being made by the concern respondents without giving any information/without issuing any notice to the petitioner and other co-sharers / without examining the concern record. (c) The writ petitioner further prays before this Hon'ble Court to hold any adjudicate that any construction made by the concern respondents upon the raiyati land of the petitioner or upon the land in question without giving any information/without issuing any notices to the petitioner and other co-sharers, is illegal, Patna High Court CWJC No.2469 of 2025(2) dt.20-02-2025 3/4 unconstitutional, null and void in the eye of law. (d) The writ petitioner also prays before this Hon'ble Court to direct the concern respondents, not to construct the panchayat Bhawan etc. or also to direct to stop the illegal construction work of Panchayat Bhawan immediately over the land in question of the petitioner as mentioned above whose Jamabandi is running in the name of grand mother of the petitioner and other co-sharers as per their shares since long. (e) For any other appropriate writ, writs, order/orders, direction/directions as this Hon'ble Court may deem fit and proper in the facts and circumstances of this case. 3. The petitioner is claiming the land in question to be his raiyati land. The land has been entered into revenue records as gairmazarua land and the Bihar Government is going to construct Panchayat Sarkar Bhavan on that land. 4. Learned Counsel makes a prayer for direction to injunct the State Government from constructing the Panchayat Sarkar Bhavan over the land. 5. The land has been recorded in revenue records in the name of the State of Bihar and it is the reason that the State Government has selected the land in question for construction of Patna High Court CWJC No.2469 of 2025(2) dt.20-02-2025 4/4 Panchayat Sarkar Bhawan. Neither the raiyati right of the petitioner can be decided in writ jurisdiction nor injunction can be granted. 6. The petitioner if so advised may take recourse of alternative remedy for redressal of his grievance. 7. With these observation(s), the writ petition stands disposed of. Neha/- (Nawneet Kumar Pandey, J) U