Aditya Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Aditya Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of by directions, without any order on merit: petitioner to file a Section 14A application before the Collector, Gopalganj within ten days with a copy of this Court's order; Collector to pass a reasoned and speaking order under the Bihar Bhoodan Yagna Act, 1954 within 30 days thereafter; Collector to maintain status quo on the said land until then.

Issue for consideration

Whether respondent Nos. 3 and 5 (the Collector, Gopalganj and the Circle Officer, Manjha) can be restrained from raising construction over, and entering, the petitioner's land bearing Khata No.222, Plot No.195, Area 1 Acre at village Bathua, P.S. Manjha, District Gopalganj, and required to maintain status quo pending the writ petition. +1 more

Court's answer

Without passing any order on merit, the Court directed the petitioner to file his petition under Section 14A of the Bihar Bhoodan Yagna Act, 1954 before the Collector, Gopalganj, within ten days, along with the order passed by this Court.

Ratio / Principle

The Collector, Gopalganj, is directed to pass a reasoned and speaking order following the law laid down in the Bihar Bhoodan Yagna Act, 1954 within 30 days after the petitioner files the application.

Key takeaways

Until the Collector passes his order, the Collector shall maintain status quo on the said land.ratio¶5

Detailed headnote1 paragraphs

Oral order, High Court of Judicature at Patna, Civil Writ Jurisdiction Case No.1445 of 2025 (Dr. Anshuman, J), decided 04-02-2025. The petitioner, asserting that land bearing Khata No.222, Plot No.195, Area 1 Acre at village Bathua, P.S. Manjha, District Gopalganj was allotted to his father and possessed by the family since 1980, sought directions to respondent Nos. 3 and 5 (Collector, Gopalganj and Circle Officer, Manjha) not to raise construction over the land, not to enter it, and to maintain status quo pending the writ petition, alleging threat of ejectment and construction started at the instance of officials. The State pointed out differences between the person in whose favour the land was allotted and the person named in the writ petition. On the Court's specific query, petitioner's counsel conceded that no application under Section 14A of the Bihar Bhoodan Yagna Act, 1954 (Bihar Act 22 of 1954) had been filed before any Revenue Officer. Without passing any order on merit, the Court directed the petitioner to file his Section 14A petition before the Collector, Gopalganj, within ten days along with the Court's order, and directed the Collector to pass a reasoned and speaking order following the law laid down in the Bihar Bhoodan Yagna Act, 1954 within 30 days thereafter, maintaining status quo on the said land till then.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1445 of 2025

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

Aditya Kumar S/o Sudama Prasad R/o Village- Bathua, P.O. and P.S.Manjha, District- Gopalganj.

... ... Petitioner/s

Versus

The State of Bihar through Principal Secretary, Revenue Department, New Secretariat, Patna.

The Principal Secretary, Revenue Department, Government of Bihar, New Secretariat, Patna.

The Collector, Gopalganj. 4. The Additional Collector, Gopalganj. 5. The Circle Officer, Manjha, District- Gopalganj.

The Block Development Officer, Manjha, District- Gopalganj.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr. Chandra Kant, Advocate For the Respondent/s : Mr. Government Pleader 14 ======================================================

CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

2 04-02-2025

Heard Learned Counsel for the petitioner and

Learned Counsel for the State.

The present writ petition has been filed by the petitioner for a direction to respondent Nos.3 and 5 to not raise any construction over the land of petitioner bearing Khata No.222, Plot No.195, Area 1 Acre, situated at village Bathua, P.S. Manjha, District- Gopalganj and for further direction to the respondent Nos.3 and 5 not to go over the

Patna High Court CWJC No.1445 of 2025(2) dt.04-02-2025 2/3

land and to maintain status quo till pendency of the writ petition.

Learned Counsel for the petitioner submits that the land was allotted to his father and they are in possession of the said land since 1980. He submits that at the instance of the officials they have started construction on the land of the petitioner and they have extreme threat of ejectment from their land. Counsel for the State submits that there is differences in the person in whose favour the land has been allotted and the person whose name is present in the writ petition.

Upon the specific query of the Court that whether for his protection petitioner has filed any application under Section 14A of the Bihar Bhoodan Yagna Act, 1954 (Bihar Act 22 of 1954) or not. Counsel for the petitioner subsequently submits that such application has not been filed before any Revenue Officer.

In this background, this Court without passing any order on merit directs the petitioner to file his petition under Section 14A of the Bihar Bhoodan Yagna Act, 1954 before the Collector, Gopalganj, within ten days along with the order passed by this Court and the Collector, Gopalganj,

Patna High Court CWJC No.1445 of 2025(2) dt.04-02-2025 3/3

is hereby directed to pass a reasoned and speaking order following the law laid down in the Bihar Bhoodan Yagna Act, 1954 within 30 days thereafter. Till then the Collector shall maintain the status quo on the said land.

(Dr. Anshuman, J)

Mkr./-

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