Petitioner sought change in land nature from agriculture to commercial. Court found no reliable evidence of use change. Writ petition dismissed as no adequate reason existed to invoke jurisdiction.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13679 of 2013
====================================================== 1. Ramchandra Purvey S/O Shri Sundar Purvey Resident Of Village- Araria Sangram, P.S.- Jhanjharpur, District- Madhubani
.... .... Petitioner/s Versus
.... .... Respondent/s
====================================================== Appearance : For the Petitioner/s : None For the NHAI : None For the State : AC to AAG-6.
====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER
2 15-03-2016 Heard.
The land of the petitioner was acquired for the National Highways Authority of India (NHAI). The petitioner raised a claim for change in the nature of the land from agriculture to commercial. The Additional Collector-cum Mediation Officer considered the case of the petitioner and rejected vide order dated 18.11.2011 (Annexure-1) which is impugned in the present writ petition.
A counter affidavit is filed on behalf of the respondent nos. 2 and 3.
The counsel for the State draws attention of the Court to the averments made in para 9 thereof from which it appears that the subject land of the petitioner was recorded as agricultural
Patna High Court CWJC No.13679 of 2013 (2) dt.15-03-2016
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land in “khesra panji”. In spite of indulgence granted to the petitioner, no document worth reliance was produced in support of the claim that the subject land changed its use and became commercial. Even the certificate issued by the Weights and Measurement Department did not contain khesra number(s). In consideration of the documents produced by the petitioner , the Mediation Officer found it difficult to accede to the request of the petitioner . In para-3 of the counter affidavit it has further been stated that the power to change the category/nature of land is vested in five -men „kism Sudhar committee‟ headed by the Collector in accordance with the letter dated 10.10.2009 issued by the Principal Secretary, Revenue and Land Reforms , Government of Bihar.
There is no rejoinder to the counter affidavit.
Considering the above, this Court finds no adequate reason to invoke the writ jurisdiction of this Court and grant the relief(s) as earnestly requested by the petitioner. The writ application is dismissed.
Dismissal of this application shall, however, not preclude the petitioner from approaching the appropriate forum for ventilation of his grievance in accordance with law.
(Kishore Kumar Mandal, J)
Shyam/U
2 issues framed by the court
Whether the petitioner was entitled to a change in the nature of land from agriculture to commercial based on the documents produced.
Whether the writ jurisdiction should be invoked to grant relief shifting the land category.
Ramchandra Purvey S/O Shri Sundar Purvey
The State Of Bihar
The Additional Collector, Cum Mediation Officer, Madhubani
The District Land Acquisition Officer Cum Competent Officer, Madhubani
The Project Director, National Highway Authority Of India
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
