Harshit Yadav v. The State of Bihar

Patna HC16 May 2024CWJC/2535/2024

Case brief

AI extract

What is this about?

Jamabandi cancellation; cancellation order without notice; rent receipt in petitioner's name; Additional Collector Lakhisarai; Jamabandi Cancellation Case No. 15 of 2016 (State vs. Vishwanath Singh and Ors); alternate remedy appeal before Appellate Authority; interim protection prayer; construction of Education Department building on purchased land; peaceful possession; writ petition disposed with liberty to appeal; Bihar; CWJC No.2535 of 2024; Rajiv Roy, J.; 16-05-2024.

What did the court decide?

Writ petition disposed of with liberty to the petitioner to file an appeal before the Appellate-Authority (undertaken within four weeks alongwith all relevant documents) and to raise all issues there, including prayer for interim protection, which the Appellate-Authority shall take note of. ¶¶30

Harshit Yadav Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

¶¶30

Issue for consideration

Whether the respondents should be restrained by writ from constructing the Education Department building on the purchased land after cancellation of the petitioner's long-standing Jamabandi. +3 more

¶¶23

Ratio / Principle

In view of the petitioner's stated intention to file an appeal before the Appellate-Authority, the writ petition stands disposed of, granting the petitioner liberty to raise all the issues before that authority.

¶¶30

Key takeaways

All issues raised by the petitioner, including any prayer for interim protection, shall be taken note of by the Appellate-Authority.ratio¶¶32

Detailed headnote1 paragraphs

Patna High Court (Rajiv Roy, J.), Oral Order dated 16-05-2024, Civil Writ Jurisdiction Case No.2535 of 2024: Harshit Yadav sought writ intervention against the State of Bihar and Lakhisarai authorities after the Additional Collector cancelled his long-standing Jamabandi in Jamabandi Cancellation Case No. 15 of 2016 (State vs. Vishwanath Singh and Ors), allegedly without notice to him despite rent receipts issued in his name; he also sought restraint on construction of an Education Department building on the purchased land and non-interference with his peaceful possession. The State, through its counter affidavit, pointed to the unavailed alternate remedy of appeal before the Appellate Authority. Learned counsel for the petitioner undertook to approach the concerned authority within four weeks with all relevant documents, submitting that his continuance need not be disturbed. The Court disposed of the writ petition, granting liberty to raise all issues, including prayer for interim protection, before the Appellate-Authority, which shall take note of them.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2535 of 2024

¶2

======================================================

¶3

Harshit Yadav Son of Maghan Yadav Resident of Village- Shrikishun Kajra, P.S.- Kajra, District- Lakhisarai.

¶4

... ... Petitioner/s

¶5

Versus

¶6

The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna.

¶7

The Secretary B.C. and E.B.C. Welfare Department, Government of Bihar, Patna.

¶8

The District Collector, Lakhisarai

¶9

The Add. Collector, Lakhisarai

¶10

The District Welfare Officer, Lakhisarai

¶11

The Land Reform Deputy Collector, Lakhisarai

¶12

The Sub-Divisional Magistrate, Lakhisarai

¶13

The Circle Officer, Lakhisarai

¶14

... ... Respondent/s

¶15

======================================================

¶16

Appearance :

¶17

For the Petitioner/s : Mr. Mrigendra Kumar, Advocate For the Respondent/s : Mr. Subhash Chandra Mishra, AC to SC-16

¶18

======================================================

¶19

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

¶20

2 16-05-2024 Heard Mr. Mrigendra Kumar, learned counsel for

¶21

the petitioner and learned Ac to SC-16.

¶22

The present petition has been preferred for the following reliefs:

¶23

(i) for issuance of an appropriate writ commanding the respondents not to construct the building of education department, which is going to be constructed on purchased land after cancelling the long standing Jamabandi;

¶24

Patna High Court CWJC No.2535 of 2024(2) dt.16-05-2024 2/3

¶25

(ii) for issuance of an appropriate writ restraining the respondents not to make any interference in the peaceful possession of the petitioner.

¶26

The petitioner claim that despite rent receipt being issued in his name, he was not put on notice before the order in question was passed by the Additional Collector in Jamabandi Cancellation Case No. 15 of 2016 (State vs. Vishwanath Singh and Ors).

¶27

Learned State Counsel has filed counter affidavit and pointed out that the petitioner has rushed to the High Court without availing the alternate remedy of moving before the Appellate Authority where he can raise all the issues.

¶28

Learned counsel for the petitioner submits that he will be approaching the concerned authority within a period of four weeks from today alongwith all the relevant documents. However, his continuance need not be disturbed.

¶29

Learned State Counsel submits that the petitioner has got all the opportunity to convince the Appellate-Authority so that he can pass an appropriate order.

¶30

In view of the fact that the petitioner now intends to file an appeal before the Appellate-Authority, the writ petition stands disposed of granting liberty to raise all the issues

¶31

Patna High Court CWJC No.2535 of 2024(2) dt.16-05-2024 3/3

¶32

including prayer for interim protection which shall be taken note of by the Appellate-Authority.

¶33

(Rajiv Roy, J)

¶34

kiran/-

¶35

Harshit Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Harshit Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Shiv Prasad Manjhi Vs The State of Bihar

Shanti Devi Vs The State of Bihar

Faiju @ Faiyaz Vs The State of Bihar

Suresh Singh Vs The State of Bihar

Anay Anurag Vs The State of Bihar

Rameshwar Ram Vs The State of Bihar