Srikant Sharma and Ors. Vs The State Of Bihar and Ors.

====================================================== Appearance : For the Petitioner/s : Mr. Ranjan Kumar Dubey, Advocate Mr. Kumar Gaurav, Advocate Ms. Sheshadri Kumari, Advocate For the Respondent/s : Mr. Md.Khurshid Alam -AAG-12 Mr. Shailendra Kumar Diwedi, Advocate ======================================================

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Patna High Court CWJC No.18183 of 2018(5) dt.10-11-2025 2/5

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

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5 10-11-2025

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Heard Mr. Ranjan Kumar Dubey, learned counsel for

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the petitioner duly assisted by Ms. Sheshadri Kumari and the State.

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The present petition has been preferred for the following relief(s):

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“(i) for issuance of writ in the nature of certiorari for quashing the Notification dated 02.08.2017 issued under the signature of authority concern vide memo no. 309 dated 02.08.17 by which raiyati land of petitioners have been reserved for the purpose of development of Koteshwarnath Mandir/Land that too without following any due process of law and without even giving any opportunity of hearing to the petitioners;

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(ii) for issuance of writ in the nature of certiorari for quashing the memo no. 474 dated 25.08.17 issued under the signature of Circle Officer, Belaganj in favour of District Registrar Tikari by which registration and construction work with respect to the land in question has been stopped;

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(iii) for issuance of writ in the nature of command directing the respondent

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Patna High Court CWJC No.18183 of 2018(5) dt.10-11-2025 3/5

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authority to release the land of petitioners from the notification issued vide memo no. 309 dated 02.08.17 (Annexure-1) and permit them to cultivate the same and also to deal with the same as per their choice and wish;

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(iv) for issuance of writ in the nature of command directing the respondent authority to remove the road from the land of petitioners which has been constructed by them forcibly without even taking consent from the real land owner;

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(v) for issuance of writ in the nature of command directing the respondent authorities to dispose of the representation of the petitioners;

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(vi) for issuance of writ in the nature of command directing the respondent authority to not make any type of construction of road over the land of petitioners without following the due process of law.

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(vii) For issuance of any other writ/writs, Order/Orders for which petitioner deemed entitled to.”

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Counter-affidavits have come on behalf of the

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respondents including the Collector, Gaya and Mr. Dubey has taken this Court to the Annexure-B which is the resolution of the Revenue and Land Reforms Department, Bihar, Patna issued

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Patna High Court CWJC No.18183 of 2018(5) dt.10-11-2025 4/5

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vide memo no. 1440 dated 13.11.2014 under the signature of the Principal Secretary to show that the stand of the respondents that they wanted to acquire/take up the land of the land holders/petitioners herein under Bihar Raiyati Land Lease Policy, 2014 has not been followed.

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He has taken this Court to column 5 (M-) which read as follows:-

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lwphc) Hkwfe ds Lokfe;ksa ls] lekpkj i=ksa esa foKkiu ds ek/;e ls Hkwfe yht ij nsus dh lgefr izkIr dh tk,xhA izkIr lgefr ds vkyksd esa vafre :i ls Hkwfe@LFky dk p;u l{ke izkf/kdkj }kjk fd;k tk,xkA p;u ds mijkar ftyk lekgRrkZ }kjk mijksDr Hkwfe dk ewY; fu/kkZj.k dafMdk&3 ds izko/kkuksa ds vuqlkj fd;k tk,xkA

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The submission is that neither it was published in

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the newspaper nor the consent of the individual land owners have been taken. The further contention is that they are not big land holders and there family survives on the minuscule land that they are tilling and if it goes, they/families will suffer.

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This Court has heard the learned State counsel and

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have perused the affidavits that have come and from the content/averment, it is not clear whether the Bihar Raiyati Land Lease Policy, 2014 has been followed in toto or not inasmuch

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as:-

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Patna High Court CWJC No.18183 of 2018(5) dt.10-11-2025 5/5

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(i) whether a proper publication in newspaper was/were made;

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(ii) whether the consent of the individual land owners has/have been taken.

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In that background and with the consent of the parties, this Court deems it fit and proper to allow the petitioners to individually approach the Collector, Gaya (respondent no. 6) who shall be noticing/hearing all the parties and thereafter shall pass a reasoned order on the grievance of the petitioner(s) and the decision so taken must be in-line with the resolution issued by the Revenue and Land Reforms Department, Bihar, Patna as contained in Annexure-B to the counter-affidavit (memo no. 1440 dated 13.11.2014 issued by the Principal Secretary)

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Any development that takes place shall be subject to the final outcome of the reasoned order passed by the Collector, Gaya.

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The writ petition stands disposed of with aforesaid observation.

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(Rajiv Roy, J)

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Adnan/-

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U

Srikant Sharma and Ors. v. The State Of Bihar and Ors.

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Srikant Sharma and Ors. v. The State Of Bihar and Ors.

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