Vidyanand Singh @ Vidya Nand Singh Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.825 of 2025

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Vidyanand Singh @ Vidya Nand Singh Son of Late Pragash Singh Resident of Village- Ashopur, Police Station- Danapur, District- Patna.

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Dharm Deo Singh @ Dharamdeo Singh, Son of Late Deo Nandan Singh Resident of Village- Ashopur, Police Station- Danapur, District- Patna.

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Birendra Singh, Son of Late Bindeshwar Singh Resident of VillageAshopur, Police Station- Danapur, District- Patna.

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Upendra Singh, Son of Late Bindeshwar Singh Resident of VillageAshopur, Police Station- Danapur, District- Patna.

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... ... Petitioner/s

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Versus

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

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

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The District Magistrate, Patna.

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The Deputy Collector, Land Reforms, Danapur, District- Patna.

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The Sub Divisional Officer, Danapur, District- Patna.

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The Circle Officer, Danapur Circle, District- Patna.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr. Sarva Deo Singh, Advocate For the Respondent/s : Mr. Addl. Advocate General (04)

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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

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4 22-06-2026

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Re: I.A. no. 1 of 2025

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The instant application has been filed sworn by the son of petitioner no.2 stating therein that the petitioner no.1 having died on 12.2.2025 and his heirs not being interested in pursuing the present case, the name of the petitioner no.1 be deleted from the instant writ application.

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Patna High Court CWJC No.825 of 2025(4) dt.22-06-2026 2/7

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Having heard learned counsel for the parties and having perused the contents of the petition, the prayer made in the instant application is allowed.

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I.A. no.1 of 2025 stands disposed off.

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Office is directed to delete/expunge the name of

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petitioner no.1 on account of his death on 12.2.2025 from the memo of parties in the main writ application in both the physical as also the electronic file of the case.

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Re: I.A. no. 2 of 2026

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Learned counsel for the petitioners presses the instant application praying for disposal of the main writ application in light of the affidavit filed by the District Magistrate, Patna.

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Though the instant application has been listed for consideration of the interlocutory application (I.A. no. 2 of 2026) filed by the petitioner, in view of the prayer made therein, the writ application itself is being disposed off.

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The petitioners have filed the instant writ application for the following reliefs:

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“ That the petitioner prays for issuance of an appropriate writ / writs, order / orders, direction /directions for restraining the

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Patna High Court CWJC No.825 of 2025(4) dt.22-06-2026

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respondents from constructing Panchayat Bhawan on the Main Road which is a portion of river basin used as Main Road for the local people of Ashopur villagers and the same is useful for drain out the water in rainy season. However, due to construction of said Panchayat Bhawan no commercial and residential

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construction can be allowed due to said encroached construction on the Main Road and adjacent area will become useless either for any development work and agriculture also.

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And for any other relief / reliefs the petitioner may be found entitled. ”

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A counter affidavit came to be filed by the District

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Magistrate, Patna on 24.4.2025 making statements in paragraph nos.8 and 10 thereof which are reproduced herein below for ready reference:

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“ 8. That the Circle Officer, Danapur present in the meeting has submitted that the petitioners had filed C.W.J.C. No.-825 of 2025 for restraining the construction of the Community Hall and Waste

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Patna High Court CWJC No.825 of 2025(4) dt.22-06-2026

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4/7

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Processing Unit (W.P.U.) in MauzaAshopur, Thana no.-34. After the measurement and spot inspection of the land in question, it has been found that Khata no.-154, Plot no.-2 in Mauza-Ashopur is Gairmajarua Aam land. In north of the said plot there is Waste Processing Unit (W.P.U.) over 2.5 decimal, Surya Temple Ashram over 2.9060 decimal of land and proposed Community Hall over 6.90 decimal.

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Further, two portion of land has been identified for going to the raiyati land of the petitioners:-

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(i) In the east of the structures in Khata no.-154, Plot no.-2 under Mauza-Ashopur, there is Rasta from before which is average 19.6 feets wide, but there is raiyati land between the land of the petitioners and the said rasta. Thus there may be hindrance in creating rasta to the land in question.

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(ii) The petitioners may use the remaining land of Plot no. 1 and 2 under Mauza-Ashopur, having width of average 19.6 feets to the west of the W.P.U. and proposed land for the Community Hall.

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Patna High Court CWJC No.825 of 2025(4) dt.22-06-2026

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10. That the Collector, Patna after considering all the facts on record has observed that the petitioners have filed the said case mainly for Rasta for going to their raiyati lands in Plot no.-2536 and other land, under Mauza-Jamsaut, Thana no.-30 and in this regard the Circle Officer, Danapur has identified the remaining land of Plot no.-1 and 2 under Mauza-Ashopur, having width of average 19.6 feets to the west of proposed land for the W.P.U. and Community Hall. Hence, it has been inferred that the petitioners may use the said remaining land of Plot no.-1 and 2 under Mauza-Ashopur, having width of average 19.6 feets to the west of proposed land for the W.P.U. and proposed land for the Community Hall. However, this decision shall be in accordance with the order passed by the Hon'ble Court. ”

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Learned counsel for the petitioners submits that in

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view of the statement made in paragraph no.8 of the counter affidavit reproduced herein above, the writ application be disposed off directing the District Magistrate to abide by the statement made therein.

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Patna High Court CWJC No.825 of 2025(4) dt.22-06-2026 6/7

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On perusal of the said statement quoted herein above, it transpires that there is rasta to the east of the structures in Khata no.154, Plot no.2 under Mauza Ashopur leading to the petitioners’ land. As per the affidavit of the District Magistrate, though the average width of the rasta is 19.6 feet, but there being rayati land between the land of the petitioners and the said rasta , there may be hindrance in creating rasta to the land in question.

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The District Magistrate further states that so far as the rasta to the west of the proposed land for the W.P.U. (waste processing unit) and community hall is concerned, the same is also having an average width of 19.6 feet and the petitioner may use the said remaining land of plot nos.1 and 2 under Mauza Ashopur.

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In view of the statements made on affidavit, personally sworn by the District Magistrate, Patna, learned counsel for the petitioner seeks disposal of the writ application.

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Learned counsel for the respondents submits that the relevant portion of the affidavit filed on behalf of the District Magistrate having been reproduced herein above, he has nothing to add to the same and the petitioners have already been given liberty to use of the rasta as described in paragraph nos.8 and 10

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Patna High Court CWJC No.825 of 2025(4) dt.22-06-2026 7/7

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of the counter affidavit of the District Magistrate, Patna.

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