Patna High Court - Orders
Pramod Sah @ Pramod Kumar Sah vs The State Of Bihar on 16 June, 2025
Author: Satyavrat Verma
Bench: Satyavrat Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12990 of 2023
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Pramod Sah @ Pramod Kumar Sah Son of Late Hudar, Sah Resident of
Vilalge and Post Rudauli, Ward No.12, P.S., Anchal and Block-Bachchwara,
District-Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Principal Secretary, Bihar Revenue and Land reforms Department,
Govt. of Bihar, Patna.
3. The Principal Secretary, Rural Development Department, Govt. of Bihar,
Patna.
4. The Joint Director, Planning and Development Department, Govt. of Bihar,
Patna.
5. The Regional Planning Officer, Munger Division, Munger.
6. The Commissioner, Munger Division, Munger.
7. The Collector, Begusarai.
8. The District Planning Officer, Begusarai.
9. The Sub-Divisional Officer, Teghra Sub-Division, District-Begusarai.
10. The Deputy Collector, Land Reforms, Teghra Sub-Division, District-
Begusarai.
11. The Anchal Adhikari, Bachchwara Anchal, District-Begusarai.
12. The Block development Officer, Bachchwara Block, District-Begusarai.
13. The Executive Engineer, Local Area Engineering Organization, Works
Division-01, Begusarai.
14. Sri Surendra Mehta, the Present Sitting Hon'ble Member of the Bihar
Legislative Assembly, Patna, 142 Bachchwara Constituency, District-
Begusarai, at Present residing in M.L.A. Flat No. R/I and O/I, New
Punaichak Patna-23, P.S. Shashtrinagar, District-Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Chandra Mauli Chaurasia- Advocate
For the Respondent/s : Mr. Sajid Salim Khan ( SC-25 )
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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
8 16-06-20251. Heard learned counsel for the petitioner and learned Standing Counsel- 25 for the State.
2. Land in dispute in the instant writ application Patna High Court CWJC No.12990 of 2023(8) dt.16-06-2025 2/11 pertains to Khesra No.1280, Thana No.221, Ward No.12 at Mauza- Rudauli within Bachchwara Anchal and Police Station, District- Begusarai.
3. The land in dispute was raiyati land of Ram Sewak Sah and land pertaining to Khesra No.1280 is recorded in the name of Late Rangu Sah, the common ancestor of Ram Sewak Sah. The learned counsel appearing on behalf of the petitioner submits that the grandfather of the petitioner was residing along with his family members by constructing hut on an area of about two decimals of land pertaining to Khesra No.1280 with consent of Late Rangu Sah since times immemorial. After the death of the grandfather of the petitioner, the father of the petitioner namely, Hudar Sah as well as petitioner himself are residing on the aforesaid land by constructing their separate hut over an area of two decimals of land. It is next submitted that the petitioner is a landless person and has no other land or house except the hut constructed over an area of 01 decimal of land pertaining to Khesra No.1280. Further, petitioner is a daily wage earner and belongs to an EBC Category (Kanu).
4. It is further submitted that in the Year 1995, petitioner had applied for grant of Basgit Parcha in his name with respect to an area of 01 decimal of land pertaining to Patna High Court CWJC No.12990 of 2023(8) dt.16-06-2025 3/11 Khesra No.1280. The Circle Officer (i.e. the Collector under the Act) instituted Basgit Parcha Case No.57 of 1995-1996 and thereafter, got the matter inquired and accordingly Basgit Parcha with respect to 01 decimal of land pertaining to Khesra No.1280 was issued on 22.11.1995, accordingly Jamabandi No.73 was created and rent was fixed and since then petitioner is paying rent continuously as would manifest from Annexure-1 series.
5. The learned counsel appearing on behalf of the petitioner next submits that hut of the petitioner is situated within Ward No.12 of Gram Panchayat Raj, Rudauli at a distance of 25 feet from the Western Bank of river Balan. In the Year 2024 an embankment was constructed by the Government on the Western side of the bank of river Balan. It is next submitted that the embankment passes near the Eastern Side of the 5-6 houses of Dhanuk Caste and the said embankment is used by the villagers as link road to reach the main road of the village.
6. It is submitted that the embankment so constructed has been illegally encroached by the householders of the Dhanuk Caste in the Year 2016 by constructing their Bathan, cowshed, Sahan etc.
7. It is further submitted that the aforesaid Patna High Court CWJC No.12990 of 2023(8) dt.16-06-2025 4/11 householders approached the MLA (Respondent No.14) requesting him to construct a PCC road from the MLA funds over the Gali i.e. Pagdandi which passes through middle of Kanu Tola upto the hut of the petitioner in order to link the same to the main road over the middle of the said Basgit Parcha land. The respondent no.14 thereafter, vide his letter no.489 dated 12.12.2022 (Annexure-2) sent list of six recommended plan under Mukhya Mantri Chhetra Vikas Yojna Scheme of Bachhwara Constituency to the District Planning Officer, Begusarai (respondent no.8) for taking necessary steps. It is submitted that from perusal of Annexure-2, it would manifest that at Serial No.1, it records:- construction and piling of PCC road from the house of Jageshwar Sah to the house of Sunil Mahto in Ward No.12.
8. It is submitted that the respondent no.8 vide his Memo No.789 dated 16.12.2022 (Annexure-3) directed the respondent nos.11, 12 and 13 to make local inspection on the spot and to submit inquiry report as to whether the six recommended plan are feasible for execution.
9. The respondent nos.11, 12 and 13 in compliance of the Memo dated 16.12.2022 held an inquiry and with respect to link road, they measured the land through the middle of the Patna High Court CWJC No.12990 of 2023(8) dt.16-06-2025 5/11 purcha land of the petitioner, when petitioner came to know that PCC link road is to be constructed after removing his hut. Accordingly, the petitioner objected and requested not to encroach his land for the construction of PCC link road, but the respondent no.8 vide his order contained in memo no.174 dated 24.02.2023 (Annexure-4) gave administrative approval for construction of PCC link road from the house of Jageshwar Sah to the house of Sunil Mahto.
10. It is submitted that order dated 24.02.2023 (Annexure-4) addressed to the respondent nos.4, 5, 13 and 14 lays down eight conditions for execution of the plan recommended by the respondent nos.14. It is submitted that for execution of plan no.1 incorporated in letter dated 12.12.2022 (Annexure-2) i.e. work will start after ensuring availability of government land after demarcating the same. Further, execution of the work will not be done on private land in any situation otherwise the whole responsibility will be upon the authority concerned.
11. The learned counsel appearing on behalf of the petitioner submits that the administrative approval by respondent no.8 by his letter dated 24.02.2023, very clearly enunciated that how the PCC link road was to be constructed Patna High Court CWJC No.12990 of 2023(8) dt.16-06-2025 6/11 that is no private land for the said purpose was to be used in construction of the PCC link road, but then, it is submitted that the respondent nos.11 and 13 under pressure of respondent no.14 did not adhere to the said condition as incorporated in the letter dated 24.02.2023 issued by the respondent no.8.
12. It is submitted that the petitioner accordingly sent a representation dated 24.02.2023 (Annexure-5) to the respondent no.11 by registered post, requesting him not to construct the PCC link road over his Basgit parcha land as there is already brick soling road existing over the embankment on the Western Side of river Balan and the embankment has been encroached, as such, he prayed that encroachment be removed, but then, his representation was not considered. The petitioner thereafter filed several representations (Annexure-6 series) requesting the authorities to save him from dispossession of his Basgit parcha land and house in question by not constructing the PCC link road through his land.
13. It is submitted that when no action was taken, the petitioner was constrained to file a complaint no.520110104032305631 dated 04.03.2023 before the Sub- Divisional Public Grievance Redressal Officer, Teghra, but the same was disposed of by an order dated 27.04.2023 (Annexure- Patna High Court CWJC No.12990 of 2023(8) dt.16-06-2025 7/11 7 series) passed by the Sub-Divisional Public Grievance Redressal Officer without appreciating the facts of the case in its correct perspective based on a measurement report of the respondent no.11 sent to the respondent no.9 carried behind the back of the petitioner.
14. The learned counsel appearing on behalf of the petitioner next submits that while his aforesaid complain before the Sub-Divisional Public Grievance Redressal Officer was pending adjudication when the respondent no.10 vide his letter no.156 dated 20.02.2023 directed the respondent no.11 to measure the Basgit parcha land and house of the petitioner based on which the respondent no.11 instituted measurement case no.89 of 2022-23 and disposed of the same by an order dated 05.04.2023 based on a table report (Annexure-8 series) without hearing the petitioner.
15. The learned counsel appearing on behalf of the petitioner submits that had the Basgit parcha land of the petitioner was not to be used for construction of the PCC Link road in that event, the petitioner would not have represented before the Respondent no.10, nor the respondent no.10 would not have directed the respondent no.11 to measure the land of the petitioner based on which measurement case no.89 of 2022- Patna High Court CWJC No.12990 of 2023(8) dt.16-06-2025 8/11 23 was instituted. It is thus submitted that this amply demonstrates that since the land of the petitioner was coming in the way of construction of PCC link road as such, the said direction was issued and more so, to verify as to whether any private land is being used for construction of the PCC link road or not as the respondent no.8 while giving administrative approval had incorporated a condition that no private land shall be used for construction of the PCC link road.
16. The learned counsel for the petitioner next submits that a specific pleading has been made at Para-26 of the writ application wherein it has been specifically pleaded that the PCC link road has been constructed and his hut has been demolished from the Basgit Parcha land in question. Further, at Para-34, it has been pleaded that petitioner along with his family members are forced to reside under the sky.
17. It is further submitted that a counter-affidavit on behalf of respondent nos.7 to 12 was filed and the case was taken up on 10.09.2024, when a learned Coordinate Bench had directed the respondent authority particularly the Circle Officer, Bachchwara for holding a fresh measurement in presence of the petitioner within a period of four weeks and to file a supplementary counter-affidavit in that regard. It is further Patna High Court CWJC No.12990 of 2023(8) dt.16-06-2025 9/11 submitted that no doubt, in the counter-affidavit, pleading made at Para-26 of the writ application with regard to demolition of the hut of the petitioner was denied. It is further submitted that a rejoinder to the counter-affidavit was filed by the petitioner wherein at Para-11, it has been specifically stated that the pleadings made in the counter-affidavit at Para-24 is false as the hut of the petitioner has been removed.
18. The learned counsel for the State submits that in compliance of the order dated 10.09.2024, a measurement was done in presence of the petitioner and thereafter, third supplementary counter-affidavit was filed on 18.10.2024 wherein at Para-6, it has been specifically pleaded that petitioner is still having possession over 01 decimal land and the Anchal Amin has submitted his report along with field book, map and GPF photo of spot before the Circle Officer, Bachchwara as would manifest from Annexure- D series to the third supplementary counter-affidavit.
19. The learned counsel appearing on behalf of the petitioner submits that a rejoinder to the third supplementary counter-affidavit has been filed wherein at Para-10, the statement made in Para-6 of the third supplementary counter- affidavit filed on behalf of respondent nos.7 to 12 has been Patna High Court CWJC No.12990 of 2023(8) dt.16-06-2025 10/11 denied and it has been specifically pleaded that petitioner is not at all in physical possession of his Basgit parcha land in question after the forceful and illegal construction of PCC link road through the middle of the Basgit Parcha land in question having an area of 01 decimal of land under Mukhya Mantri Chhetra Vikas Yojna done by the respondent no.14 in collusion with respondent nos.11 and 12. The learned State counsel based on instruction submits that the hut of the petitioner over his Basgit Parcha Land is still in existence and the petitioner has made a false pleading in the writ application as well as in his rejoinder that the hut has been removed for constructing the PCC link road. It is reiterated and submitted that the hut of the petitioner over his Basgit Parcha land is still in existence, but then, petitioner stays in the house of his father on which the learned counsel appearing on behalf of the petitioner submits that had the petitioner not been dispossessed from 01 decimal of his Basgit parcha land, he would not have moved before this Court seeking the instant relief. It is also submitted that an aggrieved does not approach the Court for fun. It is submitted that since petitioner is aggrieved by the act of the respondent authorities specially respondent nos.11,12,13 in connivance with respondent no.14, as such, efforts are being made to divert the Patna High Court CWJC No.12990 of 2023(8) dt.16-06-2025 11/11 issue.
20. Put up this case on 21.07.2025 at 10.30 A.M.
21. The Collector, Begusarai shall file a counter- affidavit duly sworn by him after visiting the site. The counter- affidavit shall also record whether the embankment built on Balan river has been encroached or not and if encroached then what action has been taken for removing the encroachers. The counter-affidavit shall clearly spell out that as to whether the hut of the petitioner has been removed or not for the purposes of constructing the PCC link road.
(Satyavrat Verma, J) vikash/-
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