Petitioner sought restraint on construction of a Panchayat Sarkar Bhawan over his claimed raiyati land held under a 1945 patta from the ex-landlord. The court directed him to file a fresh representation before the Circle Officer, Madhuban for verification and a reasoned order.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11947 of 2024
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Raja Sah Son of Late Basudeo Sah resident of Village Bankitikam, P.S.Madhuban, District- East Champarann at Motihari.
... ... Petitioner/s
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Arun Kumar, Advocate For the Respondent/s : Mr. Vikramaditya, Advocate
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT
Date : 12-08-2024
Heard the parties.
Court under Article 226 of the Constitution of India seeking a direction upon the State officials not to construct Panchayat Sarkar Bhawan over the raiyati land of the petitioner, which was acquired through Patta (settlement) from ex-landlord in the name of the ancestor of the petitioner.
Patna High Court CWJC No.11947 of 2024 dt.12-08-2024 2/3
the land, in question, stands recorded in cadastral record of right as malik gairmajarua sitauated in village – Bankitikam, P.S. & Anchal – Madhuban, in the district of East Champaran. One Raj Kumar Mahesh Nandan Singh was the ex-landlord of Sheohar Raj under old district of Sitamarhi, who settled the land, in question, through Patta on 16.05.1945 in the name of Radha Sah, who is the grandfather of the petitioner. The said Radha Sah died leaving behind two sons, namely, Basudeo Sah and Asarfi Sah, and after the death of Radha Sah, both the sons have been coming in possession over the said settled land.
Patna High Court CWJC No.11947 of 2024 dt.12-08-2024 3/3
of the Circle Officer, Madhuban and thus, it would be proper that if the petitioner would approach before the Circle Officer, who will verify the claim of the petitioner and dispose of the same by a reasoned and speaking order.
(Harish Kumar, J)
shivank/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 14.08.2024. |
| Transmission Date | NA |
1 issue framed by the court
Whether State officials may construct a Panchayat Sarkar Bhawan over raiyati land settled by patta to the petitioner's ancestor without acquisition or consent.
1 provisions across 1 enactments
Raja Sah
The State of Bihar through Principal Secretary, Panchayat Raj, Govt. of Bihar, Patna
District Collector, East Champaran at Motihari
District Panchayat Raj Officer, District East Champaran at Motihari
Sub-Divisional Officer, Sub Division, Pakridayal, District East Champaran
Anchal Adhikari, Madhuban, District East Champaran
Harish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
