Disposed

Ritesh Kumar v. The State of Bihar

Patna HC21 Nov 2024CWJC/8966/2024

Case brief

AI extract

What is this about?

Petitioners claimed raiyati land recorded in their mother's name was being used for Panchayat Bhawan construction without acquisition; their representation to the Collector was pending. Court directed the Collector to decide the representation within one month without going into merits.

What did the court decide?

Direction to the Collector, Nalanda at Bihar Sharif to dispose of the petitioners' representation dated 28.02.2024 within one month.

Ritesh Kumar Vs The State of Bihar — Land Acquisition | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8966 of 2024

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Ritesh Kumar Son of Jayanti Devi and Late Virendra Prasad Presently R/o 433, Ashpuri Society-2, Near Shreeji Hospital, Bamroli Road, Chorasi, Surat, P.S. and District Surat, Gujarat- 394210. Permanent resident of Village Noyama, P.S. Asthawan, District- Nalanda.

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Kumari Premlata Sinha, Wife of Sri Santosh Kumar, Daughter of Jayanti Devi and Late Virendra Prasad, Presently resident of Mitmandal Colony-2, Post Anisabad, P.S. Phulwari, District Patna. Permanent resident of Village Noyama, P.S. Asthawan, District- Nalanda.

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... ... Petitioner/s

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Versus

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The State of Bihar through, The Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.

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The Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna, Email-

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The Collector-Cum-District Magistrate, Nalanda, At Bihar Sharif, District Nalanda, Email [email protected]

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The Additional Collector, Nalanda, District Nalanda,

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The District Collector Land Reforms, Nalanda, District Nalanda.

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The Circle Officer, Asthawan, Block Asthawan, District Nalanda.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Dinkar Kumar, Advocate Mr. Ajit Kumar, Advocate For the Respondent/s : Mr. Yogendra Prasad Sinha, AAG-7 Mr. Rajeev Kumar Sinha, AC to AAG-7 ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 21-11-2024 1. Heard learned counsel for the petitioners and learned AC to AAG-7.

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Learned counsel for the petitioners submits that the land pertaining to Khata No. 597, Khesra No. 1600, 1616 and 1618 at Mauza Noyawan, Thana No. 258 measuring 1 Acre 2.5 Decimals is the raiyati land of the petitioners in the name of the mother of the petitioners, namely, Jayanti Devi, wife of Late

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Patna High Court CWJC No.8966 of 2024(2) dt.21-11-2024 2/3

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Virendra Prasad. It is further submitted that Jayanti Devi is an old and infirm lady, as such, the writ application has been filed by her son and daughter-in-law. It is next submitted that Jamabandi No. 618 was created with respect to the land aforesaid in the year 1987-88 as would manifest from Annexure-P/1 to the writ application.

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Learned counsel submits that though the land in question is raiyati land of the mother of the petitioner no. 1 but then the district authorities without acquiring the land are contemplating to build Panchayat Bhawan on the aforesaid land on the pretext that the land in question is a government land. Learned counsel further submits that petitioners have represented before the Collector, Nalanda at Bihar Sharif by the representation dated 28.02.2024 (Annexure-P/5 series). It is next submitted that the representation filed by the petitioners is a detailed representation placing reliance on some government circulars and the orders of this Court in C.W.J.C. No. 2716 of 2023 (Puja Kumari Vs. The State of Bihar and Ors.) and C.W.J.C. No. 3799 of 2017 (Himanshu Kumar Vs. The State of Bihar and Ors.).

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It is submitted that the Collector, Nalanda at Bihar Sharif till date has not decided the representation filed by the

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Patna High Court CWJC No.8966 of 2024(2) dt.21-11-2024 3/3

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petitioners seeking redressal of their grievance as raised in the instant writ application.

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Learned counsel appearing on behalf of the State submits that the writ application may be disposed of with a direction to the Collector, Nalanda at Bihar Sharif to decide the representation of the petitioners within a time frame.

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In view of the submissions made by the learned counsel for the parties, the writ application is disposed of with a direction to the Collector, Nalanda at Bihar Sharif to dispose of the representation of the petitioners dated 28.02.2024 within a period of one month from the date of receipt/production of a copy of this order.

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Accordingly, the writ application is disposed of with the aforesaid directions and observations.

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It is made clear that the Court has not gone into the merits of the case.

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(Satyavrat Verma, J)

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Kundan/-

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Ritesh Kumar v. The State of Bihar

Case brief

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Ritesh Kumar v. The State of Bihar

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