Mohammad Arshad Rehan Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Mohammad Arshad Rehan Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction that on a fresh representation filed before the District Magistrate, Gaya within two weeks, the District Magistrate shall look into all aspects of the matter and apprise the petitioner of the Government's decision and the status of the appropriation of the land within a further period of four weeks thereafter.

Issue for consideration

Whether the village playground is being appropriated by the Government for constructing a Panchayat Bhawan, and what decision the Government has taken and under what circumstances the land in question was selected for that purpose.

Ratio / Principle

Confining itself to a single direction, the Court ordered that on a fresh representation by the petitioner before the District Magistrate, Gaya, the District Magistrate shall look into all aspects of the matter and apprise the petitioner of the decision taken by the Government and the circumstances under which the land in question was selected for construction of the Panchayat Bhawan.

Key takeaways

Time limits were fixed: the representation is to be filed within a period of two weeks, and the petitioner is to be apprised of the status of the appropriation of the land for construction of the Panchayat Bhawan within a further period of four weeks thereafter.ratio¶20

Detailed headnote1 paragraphs

Civil Writ Jurisdiction Case No.1824 of 2025, High Court of Judicature at Patna, decided 14-02-2025 (oral judgment per Honourable the Acting Chief Justice, Ashutosh Kumar, ACJ; bench included Partha Sarthy, J). The petitioner, Mohammad Arshad Rehan, alleged that a playground of the village was being appropriated by the Government for constructing a Panchayat Bhawan, and that several representations filed before the District Magistrate had been of no avail. The Court did not adjudicate the merits of the appropriation; it confined itself to directing that, on a fresh representation by the petitioner before the District Magistrate, Gaya, he shall look into all aspects of the matter and apprise the petitioner of the decision taken by the Government and the circumstances under which the land in question was selected for construction of the Panchayat Bhawan. If the representation was filed within two weeks, the petitioner was to be apprised of the status of the appropriation within a further four weeks thereafter. The petition stood disposed of accordingly.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1824 of 2025

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

Mohammad Arshad Rehan, Son of Sadruddin Alam, Resident of VillageKolowna Cherki Bazar, P.S.-Gurua District-Gaya.

... ... Petitioner/s

Versus

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

The Collector, Gaya.

The District Board, Gaya.

The Sub-Divisional Officer, Sherghati,Gaya.

The Executive Engineer, Works Division 01, Gaya.

The Circle Officer, Gurua, Gaya.

... ... Respondent/s

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

Appearance : For the Petitioner/s : Ms.Chandni Kumari, Advocate Mr. Mukesh Kumar, Advocate For the Respondent/s : Mr.P.K.Shahi, A.G. ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE)

Date : 14-02-2025

The petitioner alleges that a playground of the village is being appropriated by the Government for constructing Panchayat Bhawan. Several representations have been filed before the District Magistrate of the concerned District, but to no avail.

Under the aforesaid circumstances, we only direct that in case of a fresh representation by the petitioner before the District Magistrate, Gaya, he shall

Patna High Court CWJC No.1824 of 2025 dt.14-02-2025 2/2

look into all aspects of the matter and would apprise the petitioner of the decision taken by the Government and the circumstances under which the land in question has been selected for the purposes of construction of Panchayat Bhawan.

If the representation is filed within a period of two weeks, the petitioner shall be apprised of the status of the appropriation of the land for the purposes of construction of Panchayat Bhawan within a further period of four weeks thereafter.

The petition stands disposed of accordingly.

(Ashutosh Kumar, ACJ)

(Partha Sarthy, J)

Sujit/Krishna

AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	17.02.2025
Transmission Date	17.02.2025