IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5714 of 2025 ====================================================== 1. Umashankar Yadav Son of Late Gorakh Chaudhary, Resident of Village- Sonbarsa, P.S.- Barauli, District- Gopalganj. 2. Nandji Chaudhary Son of Late Yamuna Chaudhary @ Yamuna Raut, Resident of Village- Sonbarsa, P.S.- Barauli, District- Gopalganj. ... ... Petitioner/s Versus 1. The State of Bihar through the Principal Secretary, Government of Bihar, Patna. 2. The District Magistrate-cum-Collector, Gopalganj. 3. The District Panchayat Raj Officer, Gopalganj. 4. The Additional District Magistrate-cum-Addl. Collector, Gopalganj. 5. The Circle Officer, Barauli (Gopalganj). 6. The Block Development Officer, Barauli (Gopalganj). 7. The Mukhiya, Gram Panchayat Raj, Sonbarsa (Gopalganj). ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Dr. Uma Shankar Prasad, Sr. Advocate Mr.Kamala Kant Tiwary, Advocate For the Respondent/s : Mr.Government Pleader (23) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 2 21-04-2025 Heard learned Senior Counsel for the petitioners and the State. 2. The present petition has been preferred for the following relief/s: (i) for issuance of an appropriate write, orders and directions against the respondents for directing an commanding the respondnet not to construct/erect Pan hayat Sarkar Bhawan or any type of illegal Patna High Court CWJC No.5714 of 2025(2) dt.21-04-2025 2/4 and unauthorized construction over any part of Khata No.48, Plot No.311, disputed area 9 Bigha 10 Katha (entire area 16 Bigha 1 katha and 02 dhurs), raiyati land of the petitioners situated in Village Mauza Sonharsa, P.S. No 426, P.S. Barauli, District Gopalganj, without initiating acquisition proceeding or compensation or prior notice and without obtaining no objection/consent from the title holder/petitioners prior to construction over petitioner's land and be pleased to direct the respondents to demolish entire construction, if any, existing over raiyati land of the petitioners and further be pleased to stay the construction work over it and be further pleased to direct the respondents to pay heavy compensation damage for said illegal construction on the ruiyati land of the petitioner and be further pleased to quash memo No.438 dated 07.03.2023 issued by Anhal Adhikari, Patna High Court CWJC No.5714 of 2025(2) dt.21-04-2025 3/4 Barauli to the District Panchayat Raj Officer Gopalganj and concerned enquiry report regarding proposal of Panchayat Sarkar Bhawan, as contained in Annexure- P/6 (series) and be further pleased to grant any other relief/reliefs for which the petitioners are legally entitled to. 3. Learned counsel for the petitioners after some argument submit that they shall be approaching the respondent no.2, the District Magistrate-cum-Collector, Gopalganj for the redressal of their grievance alongwith all the supportive materials to show that the land in question where the Panchayat Sarkar Bhawan is being constructed belongs to them. 4. The State Counsel submits that if such petition is preferred before the respondent respondent-Collector, Gopalganj, he shall be taking up the matter and deciding it in accordance with law. 5. In that background, the writ petition stands disposed of directing the petitioners to approach the District Magistrate-cum-Collector, Gopalganj in next four weeks along with all the supportive documents to prove their bonafide on the land in question. Patna High Court CWJC No.5714 of 2025(2) dt.21-04-2025 4/4 6. In case, the petition is preferred in four weeks from today, the Collector, Gopalganj shall take a decision in next six months. 7. Needless to say that the outcome of the decision of the Collector, Gopalganj will decide the fate of the land. Ravi/- (Rajiv Roy, J) U