Ranjeet Kumar Mehta v. The State of Bihar & Ors

====================================================== Appearance : For the Petitioner/s For the State : Mr. Raghwanand, GA-11 Mr. Arya Achint, Advocate : For the Resp. No. 6 : Mr. Pratik Kumar, AC to GA-11 Ms. Shrishti Rani, Advocate Mr. Jyoti Ranjan Jha, Advocate For the Resp. No. 7. : Mr. Amarendra Kumar Singh, Advocate Mr. Ranvijay Narain Singh, Advocate ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE) 7 17-07-2026 Heard learned counsel for the parties.

The petitioner has preferred the present writ application in the form of Public Interest Litigation for the following reliefs:- “(i) For appropriate order/orders or direction/directions in the nature of Writ of Mandamus directing the Respondents to Patna High Court CWJC No.1956 of 2026(7) dt.17-07-2026 immediately secure and restore the sanctioned plot (Khesra No. 396) for the construction of the PHC, and stay all construction activities on the alternate, non-sanctioned site. (ii) For appropriate order/orders or direction/directions in the nature of issuance of a Writ of Certiorari quashing the classification of the land as Gair Majurwa Malik / Kism- Parti Kadim in the report of the Circle Officer (Patrank 1007) and any subsequent record based on this report. (iii) Direction for the State of Bihar to initiate disciplinary action and a vigilance inquiry against Respondent Nos. 5 and 6 for their misconduct and conspiracy with Respondent No. 7. (iv) For Passing any other order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice.

A counter affidavit has been filed on behalf of Respondent Nos. 3 to 5, wherein following statements have Patna High Court CWJC No.1956 of 2026(7) dt.17-07-2026 been made in paragraph nos. 12, 13 and 22:- “ 12. That with respect to the statements made in Para no. 07 & 08 of the writ petition, it is humbly submitted that Letter No. 1001 dated 16.07.2024 was issued on the basis of an erroneous report submitted by the Revenue Karamchari, Deo, which was subsequently corrected after verification of the circle (anchal) records (Aam- Khas Panji) and thereafter transmitted to the In- charge Officer, District Revenue Section, Aurangabad vide Letter No. 1893 dated

03.12.2025. It is further submitted that all averments, except those reflected in the anchal records, are denied.

13. That with respect to the statements made in Para no. 09 of the writ petition, it is humbly submitted that the Additional Collector, Aurangabad, was duly informed of the true status of the concerned land by the Circle Officer through Letter no. 624 dated 15.04.2025, following thorough verification of the records.

22. That the statements made in Para nos. 23 to Patna High Court CWJC No.1956 of 2026(7) dt.17-07-2026 25 of the writ petition are denied. It is humbly submitted that the authorities have acted strictly in accordance with law and verified revenue records; no manipulation of records, illegal diversion of land, or violation of Article 21 or any doctrine of law has occurred, and the Primary Health Centre project is proceeding on a duly identified site.”

Further a counter affidavit has been filed on behalf of Respondent No. 7, wherein following statements have been made in paragraph nos. 8 to 14:- “8. That the statement made in paragraph 5 is absolutely false, hence is strongly denied. The fact of the matter is that the land pertaining to Khata No. 90 Plot Number 396 area 0.33 dec. was originally settled in favour of the mother of the Answering respondent number 7 in the year 1964, under the Bihar privileged persons, homestead Tenancy Act, 1947. Pursuant thereto rent fixation case number 57/1964-65 was registered under section 5, 6 and 7 of the Bihar Land Reforms Act for settlement of appropriate rent of the said land. Patna High Court CWJC No.1956 of 2026(7) dt.17-07-2026 Thereafter, Jamabandi No. 34/2 was created in the name of the mother of the respondent number 7 namely Suraj Mani Devi.

9. That the mother of the respondent No. 7, namely Suraj Mani Devi had been paying rent of the said land to the State of Bihar since 1964. The State of Bihar is not only accepting the rent but is also acknowledging the receipt of rent by issuing rent receipts in favour of the mother of the respondent no. 7, and after her death to the family members of respondent no. 7.

10. That during revisional survey operations, the name of the mother of the respondent number 7 namely Surajmani Devi was recorded in the record of rights with regard to the aforesaid land bearing serial number 178 Khata number 165/Kh, Plot Number 686, area 34 dec. During consolidation proceedings, Chak Khata Number 178, Chak Plot Number 466 was prepared in the name of the mother of the respondent number 7 namely Surya Mani Devi with regard to the aforesaid land.

11. That after death of his mother, the respondent Patna High Court CWJC No.1956 of 2026(7) dt.17-07-2026 number 7 inherited the aforementioned property. There had been partition in the family of the respondent number 7 after which the aforesaid land was divided among the family members of the respondent number 7 namely Abhishek Kumar, Amarjeet Kumar, Ravi Rajkumar, Amrita Kumari and Suhani Kumari, all children of respondent no.

7. The sons of respondent no. 7 had got 0.07 dec. each whereas two daughter of respondent in the number 7 had got 0.06 dec. in the aforesaid land. Accordingly, the State of Bihar has created fresh Jamabandi No. 299, 300, 301, 302 and 303/2 in their respective names with regard to the said land. The family members of Respondent No. 7 have constructed their respective houses over the aforesaid land and are residing in their respective houses since long without any objection from any proper.

12. That the petitioner has suppressed the fact that the Panchayat Bhavan constructed over the land pertaining to Khata No. 91 plot No. 364, which is recorded as Gair Mazarua Aam land in the revenue Patna High Court CWJC No.1956 of 2026(7) dt.17-07-2026 records.

13. That one Anirudh Singh, son of Ram Bilas Singh, resident of Village Baluganj had made application before the Additional Collector, Aurangabad for construction of public Health Centre over the aforementioned land of the respondent number 7. The Additional Collector had issued letter No. 245 dated 22.01.2024 by which the Circle Officer, Deo, Aurangabad was directed to enquire in the matter and to submit his report. The Anchal Amin had upon enquiry in the matter and to submit his report. The Anchal Amin had upon enquiry submitted his exhaustive report dated

7.12.2024 mentioning therein that actually the Panchayat Bhawan is constructed over the land pertaining to Khat No. 91 Plot No. 364, whereas the land of respondent number 7 pertains to Khata No. 90 Plot No. 396.

14. That the statement made in paragraph no. 6 is absolutely false hence is strongly denied. The land of Respondent No. 7 pertaining to Khata No. 90, Plot No. 396 is his private land settled in favour of Patna High Court CWJC No.1956 of 2026(7) dt.17-07-2026 his mother way back in the year 1964.”

Having considered the pleadings on record, particularly the statements made in the counter affidavits, it appears that the respondents have clarified the factual position on the basis of the relevant revenue records and have specifically denied the allegations made in the writ petition.

In view thereof, this Court is of the view that no further order is required to be passed in the present matter.

Accordingly, the present writ application stands disposed of.

Pending application (s), if any, shall also stand disposed of. (Sudhir Singh, ACJ) Ibrar//- U ( Rajesh Kumar Verma, J)