IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.523 of 2025 ====================================================== 1. Rajmohan Rai@Rajmohan Ray Son of Paras Rai@Paras Ray Resident of village Lauwa, P.O. Sandhwara, P.S. Ishuapur, District- Saran. 2. Janardan Pandit, S/o Late Phulena Pandit, Resident of village Lauwa, P.O. Sandhwara, P.S. Ishuapur, District- Saran. 3. Harendra Rai, S/o Late Motilal Rai, Resident of village Lauwa, P.O. Sandhwara, P.S. Ishuapur, District- Saran. 4. Nageshwar Rai, S/o Kuish Rai, Resident of village Lauwa, P.O. Sandhwara, P.S. Ishuapur, District- Saran. ... ... Petitioner/s Versus 1. The State of Bihar through the Principal Secretary/ Additional Chief Secretary, Department of Land Reforms and Revenue. 2. The Principal Secretary/Additional Chief Secretary, Department of Land Reforms and Revenue, Government of Bihar, Secretariat, Patna. 3. The Collector, Saran. 4. The Superintendent of Police, Saran at Chapra. 5. The S.D.O, Marhaura Sub-division, Saran. 6. The D.C.L.R, Marhaura, District- Saran. 7. The Circle Officer, Ishuapur Anchal, At and P.S. Ishuapur, District- Saran. 8. The S.H.O., Ishuapur Police Station, District - Saran. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Koshalendra Rai, Adv. For the Respondent/s : Mr. Hitesh Suman, AC to SC-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 21-01-2025 1. Heard learned counsel for the petitioners and learned AC to SC-13. 2. The learned counsel for the petitioners submits that the land pertaining to Khata No.184, Plot No.520, Area 5 Bighas Patna High Court CWJC No.523 of 2025(2) dt.21-01-2025 2/6 10 kathas and 16 dhurs at Mauza-Lauwa, P.S. Ishuapur, District- Saran belongs to the petitioners and others. The learned counsel for the petitioners submits that the land in dispute has been detailed at Annexure-1 to the writ application. It is next submitted that out of 5 bighas 10 kathas and 16 dhurs of land the petitioners in their share have land measuring 4 bighas and 11 dhurs in the said khata and khesra number. It is further submitted that the land pertaining to khata no.184, plot no. 520 at Mauza-Lauwa, P.S. Ishuapur, District-Saran was settled by the ex-landlord in favour of the ancestors of the petitioners. It is also submitted that after vesting of Zamindari in 1953, the Zamindar filed the return in which the name of the ancestors of the petitioners with respect to the land in dispute was mentioned. It is further submitted that accordingly, jamabandi nos. 13, 84, 88 and 86 was created. It is submitted that the jamabandis were created in between 1958-1965 and rent receipts have been issued and the petitioners are paying rent of the land continuously till date. It is further submitted that the authorities without acquiring and giving compensation to the petitioners are forcefully constructing Panchayat Sarkar Bhawan on the land of the petitioners for which the foundational work has commenced. It is further submitted that it absolutely does Patna High Court CWJC No.523 of 2025(2) dt.21-01-2025 3/6 not stand to reason that as to how the raiyati land of the petitioners can be usurp by the State without giving compensation. It is further submitted that the local mukhiya is trying to usurp the property of the petitioners by taking the respondent no.7 i.e. the Circle Officer, Anchal- Ishuapur in connivance. It is next submitted that the Circle Officer, Ishuapur Anchal had issued notice dated 09.12.2024 contained in memo no.1392 (Annexure-P/7) asking the petitioners to submit documents regarding the land in support of their claim by 10.12.2024. The petitioner No.1, accordingly, on 10.12.2024 (Annexure-8) appeared before the Circle Officer and sought 15- 20 days time for submitting the documents relating to the land, as it was not possible to submit the documents within such short span of time, but the Circle Officer without waiting for the petitioners to submit their documents started the foundational work on the land including the land of the petitioners. The learned counsel submits that it absolutely defies all logic, wisdom and reasonable administrative behaviour that as to why the Circle Officer, Ishuapur is in a hurry. It is submitted that the land of the petitioners was settled in favour of their ancestors by ex-Zamindar before vesting of Zamindari, after vesting of Zamindari, the Zamindar submitted his return in which the name Patna High Court CWJC No.523 of 2025(2) dt.21-01-2025 4/6 of the petitioners’ ancestors with respect to the land was recorded, based on which, jamabandis were created and the jamabandis till date are in existence but still the Circle Officer has commenced the foundational work for constructing of Panchayat Sarkar Bhawan without acquiring or giving any compensation of the land to the petitioners, which amounts to usurping the property of citizen by brute force of the State authority. 3. The learned counsel appearing on behalf of the State submits that after receiving a copy of the writ petition he had written letter to the concerned respondents for filing counter affidavit and had also sought oral instruction on phone from the Block Development Officer that as to whether the work with respect to construction of Panchayat Sarkar Bhawan on the land has commenced or not. The B.D.O., accordingly, orally informed on phone that the work has commenced. The learned State counsel next submits that if the land belongs to the petitioners and they have documents in support of their claim then definitely what has been submitted by the learned counsel for the petitioners cannot be countenanced, as private land of a person cannot be taken forcefully by the State without acquiring and giving compensation but then the petitioners will have to Patna High Court CWJC No.523 of 2025(2) dt.21-01-2025 5/6 establish their claim before the authority. The learned State counsel further submits that the writ application can be disposed of with a direction to the petitioners to file a representation before the District Magistrate, Saran with all the relevant documents relating to the land, raising their grievance as raised in the instant writ application, on which, the learned counsel appearing on behalf of the petitioners submits that the petitioners would file a representation before the Collector, Saran on or before 04.02.2025 with all relevant supporting documents to show that the land is raiyati land of the petitioners. 4. 4. After hearing the learned counsel for the parties the writ application is disposed of with a direction to the Collector, Saran that if the petitioners file a representation on or before 04.02.2024, the Collector shall consider and dispose of the same in accordance with law within a further period of 45 days from the date on which the representation is received. 5. The writ application is disposed of. 6. However, it is made clear that if any representation is filed by the petitioners after 04.02.2025, in that event, the Collector, Saran shall not be obliged to consider and pass any order on the representation of the petitioners but if any representation is filed on or before 04.02.2025, the same shall Patna High Court CWJC No.523 of 2025(2) dt.21-01-2025 6/6 be considered within a period of 45 days thereafter from the date of receipt of the representation, until the representation is not disposed of status quo as existing as of date shall be maintained with respect to the land of the petitioners. amit/- (Satyavrat Verma, J) U