IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.400 of 2025 ====================================================== 1. Lalit Kumar Chaudhary Son of Lakshmi Kant Chaudhary, Resident of Ward No.- 6, Village- Mohanpur, Post- Shri Pur Hati Via Bhowara, P.S.- Pandaul, Distt.- Madhubani (Bihar). 2. Lakshmi Chaudhary @ Lakshmi Kant Chaudhary, Son of Late Sitai Chaudhary, Resident of Ward No.- 6, Village- Mohanpur, Post- Shri Pur Hati Via Bhowara, P.S.- Pandaul, Distt.- Madhubani (Bihar). .. Petitioner/s Versus 1. The State of Bihar through the Collector of the District Madhubani. 2. The Collector of the District, Madhubani. 3. The Additional Collector, Madhubani. 4. The Circle Officer, Pandaul, Madhubani. 5. The Revenue Officer, Pandaul, Madhubani. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Shashi Nath Jha For the Respondent/s : Mr.Government Pleader (04) ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 2 22-01-2025 Heard the parties. 2. The present writ petition has been filed by the petitioner for following reliefs:- (i) Quashing the impugned order dt. 11.11.2024 (Annx-P/6) passed by the Resp. No.-2 whereby and whereunder the representation of the petitioner no.1 dt. 18.09.2024 (Annx- P/) has been rejected on unsustainable ground. (ii) Holding and declaring that the Respondents authorities have no jurisdiction to initiate any proceeding on the lands in question which are out and out a raiyati lands of the petitioners and their co- sharers since several decades.. Patna High Court CWJC No.400 of 2025(2) dt.22-01-2025 2/3 (iii) Holding and declaring that the initiation of Jamabandi 23 Cancellation Case No. 29 of 2024-25 with respect to the raiyati lands in question by the Addl. Collector, (hereinafter referred to as A.D.M.) Madhubani, is completely illegal arbitrary and non-est in the eyes of law, hence liable to quashed as it has been initiated against dead persons. (iv) Holding and declaring that the lands in question earlier belonged to the ancestors of the petitioners and now to the petitioners and their co- sharers, and the respondents authorities have no jurisdiction to initiate any proceeding to evict them from their rayati lands in question. (v) Holding and declaring that in any view of the matter the lands in question cannot be treated to be the public land and the petitioners and their other co-sharers and encroachers over them. (vi) Restraining the respondents -authorities from dispossessing the petitioners and their other co-sharers from the lands in question on the ground of construction of Panchayat Sarkar Bhawan" especially in light of Patna High Court CWJC No.400 of 2025(2) dt.22-01-2025 3/3 the notices dt. 18.07.2024 and 24.07.2024 (Annx-P/2 series), issued to them by the Learned Circle Officer. (vii) Restraining the respondents- authorities from initiating any proceeding especially the Land Encroachment proceeding under Land Encroachment Act, 1956 against the petitioners with respect to the lands in question. (viii) Granting any other relief or reliefs for which the petitioners may be found entitled to. 3. The grievance of the petitioner is that the government is constructing a road in his Raiyati land, which is opposed by the learned counsel for the State as well as PMC. 4. The petitioner may take the recourses of civil remedies available to him in accordance with law. 5. With the aforesaid observation, this writ petition stands disposed of. 6. This order would not affect the fate of the civil suit if filed by the petitioner. Nirmal/- (Nawneet Kumar Pandey, J) U