Ram Chandra Singh v. The State of Bihar

Judgment

#2. Deepak Kumar S/o Ramashry Singh, Resident of village- Ibrahimpur Tola, P.O- Bihat, P.S- Barauni, District- Begusarai. Versus The State of Bihar through The Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. ... ... Petitioner/s The Collector, Begusarai. The Additional Collector, Begusarai. The Block Development Officer, Barauni, District- Begusarai. The Circle Officer, Barauni, District- Begusarai.

#6. Nurpur Gram Panchayat through its Mukhiya, Circle- Barauni, District- Begusarai. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s For the Respondent/s

Mr. Siddharth Harsh- Advocate Dr. Md. Raisul Haque- Standing Counsel (10) Mr. AC to SC-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA : : 2 03-07-2025

#1. Heard learned counsel for the petitioners and ORAL ORDER learned AC to SC-10 for the State.

#2. The learned counsel appearing on behalf of the petitioners submits that the land in dispute in the instant writ application pertains to Khata No.335, Khesra No.747/ 913, Area 09 decimals, Mauza, Nurpur, Anchal- Barauni, District- Begusarai.

#3. It is next submitted that the land in dispute was purchased by the ancestor of the petitioner from the land owner Patna High Court CWJC No.10347 of 2025(2) dt.03-07-2025 namely, Md. Alimuddin and Imtiyazul Haque @ Jungli Mian vide sale deed no.8932 dated 02.12.1968. It is submitted that the original land owner, prior to selling the land to the ancestor of the petitioner, had got the rent of the land fixed as would manifest from an order dated 28.03.1966 passed by the Circle Officer, Barauni, Begusarai (Annexure-P/2). It is next submitted that the land after purchase continued in peaceful possession of the ancestors of the petitioner and thereafter petitioner. It is next submitted that in the Year 2003 an encroachment proceeding was initiated against the land in dispute in which the petitioner appeared and submitted all the relevant documents relating to the land showing his title and possession over the land based on which, the Circle Officer sought opinion of his higher authorities by his order dated 25.08.2003 (Annexure-4), but thereafter no action was taken, as such, it was presumed that the land encroachment proceeding has been dropped. It is next submitted that the instant writ application has been filed seeking a direction upon the respondents-authorities not to construct the proposed WPU in Nurpur Gram Panchayat over the land in dispute in the instant writ application and further to quash the letter dated 22.05.2025 contained in Memo No.830 issued by the Circle Officer, Barauni recommending the land in dispute Patna High Court CWJC No.10347 of 2025(2) dt.03-07-2025 for construction of proposed WPU in Nurpur Gram Panchayat. It is next submitted that the land in dispute is purchased land as recorded herein above and the petitioner is coming in peaceful possession over the same since the date of its purchase, further an encroachment proceeding was initiated in the Year 2003, but then, the same did not proceed and now the Circle Officer has issued the aforesaid letter earmarking the land in dispute for the purposes of construction of WPU.

#4. The learned counsel appearing on behalf of the State submits that the petitioner instead of rushing to this Court directly ought to have moved before the superior authority of the Circle Officer bringing to his notice that his raiyati land has been earmarked for the purpose of construction of WPU.

#5. After hearing the learned counsel for the parties, the writ application is disposed of with liberty to the petitioner to file a detailed representation annexing all the relevant documents relating to the land before the Collector, Begusarai on or before 16.07.2025, seeking redressal of his grievance as raised in the instant writ petition, in the event, if any representation is filed by the petitioner on or before 16.07.2025, in that event, the Collector, Begusarai shall consider and dispose of the same within a period of two months thereafter in Patna High Court CWJC No.10347 of 2025(2) dt.03-07-2025 accordance with law after giving proper opportunity of hearing to the petitioner.

#6. It is made clear that in the event, if no application is filed by the petitioner on or before 16.07.2025, in that event, the Collector, Begusarai shall not be obliged to consider the representation of the petitioner filed thereafter.

#7. It is further made clear that the order of the Circle Officer dated 22.05.2025 contained in Memo No.830 shall remain in abeyance till 16.07.2025 and thereafter it would be at the discretion of the Collector, Begusarai to grant further stay or not on construction of the proposed WPU on the land in dispute in the instant writ application. (Satyavrat Verma, J) vikash/- U T