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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12671 of 2025 ======================================================
1. Devnandan Yadav Son of Pitambar Yadav Resident of Village- Sahdi, P.S.- Mahuli, District-Sheikhpura. 2. Baleshwar Yadav, Son of Vasudeo Yadav Resident of Village- Sahdi, P.S.- Mahuli, District- Sheikhpura. 3. Dhaneshwar Yadav, Son of Late Dashrath Yadav Resident of Village- Sahdi, P.S.- Mahuli, District- Sheikhpura. ... ... Petitioner/s Versus
1. The State of Bihar through Chief Secretary, Govt. of Bihar, Patna. 2. The Principal Secretary, Department of Revenue and Land Reforms, Govt. of Bihar, Patna. 3. The District Collector-cum- District Magistrate, at Sheikhpura. 4. The Addl. Collector, Sheikhpura, District- Sheikhpura. 5. The D.C.L.R., Sheikhpura. 6. The Circle Officer, Anchal Ariyari, District- Sheikhpura. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Abdul Mannan Khan, Adv. Mr. Allama Abdul Quadir Jamal Faridi, Adv. For the Respondent/s : Mr. Standing Counsel (4) ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 07-08-2025 In the instant petition, the petitioners have prayed for following relief(s):-
“(i) For issuance of an appropriate writ, order or direction for quashing the order/notice dated 28.04.2025 contained in letter no.410 and 414 issued by the respondent no. 6, the Circle Officer, Ariyari, District-Sheikhpura by which the respondents have been threatening the petitioners to construct the building of Dr. B.R. Ambedkar 10+2 Schedule caste residential girls
Patna High Court CWJC No.12671 of 2025(2) dt.07-08-2025 2/4 school upon the petitioner’s raiyati land of mauza-Bhalue khata no. 54, Khesra no. 83, Area 11 Acre 22 decimal without acquiring the same through the land acquisition proceeding.”
2. Learned counsel for the petitioners submits that the land appertaining to Khata no.54, Khesra no. 83, Area 11 acre 22 decimals and Mauza- Bhalua is parti/kadim/Gairmazarua Malik land and the same belong to the petitioners. He further submits that the said land was settled in the name of petitioners’ ancestors in the year 1936 and 1944, vide hukumnama settlement dated 15.03.1936, 16.03.1936 and 30.06.1944 respectively (Annexure-P/2) and since then the revenue rent is being received by the State Government towards the ancestral land of the petitioners and they are coming in possession over the land in question.
He further submits that petitioners are aggrieved by the notice dated 28.04.2025 contained in Letter nos.410 and 414 (Annexures-P/1 Series) issued by the Circle Officer Anchal Ariyari, (respondent no.6) by which the petitioners were asked to produce all the documents relating to the land in question in the office of Circle Officer, Anchal Ariyari on the date fixed. He further submits that petitioners have prayed for quashing the aforesaid notice dated 28.04.2025 contained in Letter nos.410 and 414 issued by the Circle Officer
Patna High Court CWJC No.12671 of 2025(2) dt.07-08-2025 3/4 Anchal Ariyari, (respondent no.6). He further submits that petitioners have submitted their representation before the District Magistrate, Sheikhpura with regard to the land in question but no order has been passed as yet. 3. Learned counsel for the State submits that merely notice has been served to the petitioners for producing the relevant documents with regard to the land in question and upon receiving the notice, the petitioners have to produce all the relevant documents with regard to land in question and no right has been infringed by asking the petitioners to produce relevant documents with regard to the land in question before the Circle Officer, Anchal Ariyari (respondent no.6). 4. Considering the facts and circumstances of the case and the arguments advanced on behalf of the parties, the present writ petition is disposed of with direction to the petitioners to produce all the relevant documents regarding land in question before the concerned Circle Officer within a period of four weeks from the date of receipt of the order. If all the relevant documents are filed by the petitioners within the stipulated period, the concerned Circle Officer is directed to consider and dispose of the matter in accordance with law expeditiously, preferably, within a period of three months from the date filing
Patna High Court CWJC No.12671 of 2025(2) dt.07-08-2025 4/4 of the documents. 5. However, the possession of the petitioners should not be disturbed till disposal of the matter. amitkumar/- (Alok Kumar Pandey, J) U