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Patna High Court - Orders

Serajuddin Alam vs The State Of Bihar on 21 April, 2025

Author: Rajiv Roy

Bench: Rajiv Roy

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.5755 of 2025
                 ======================================================
                 Serajuddin Alam S/o Manan Miyan, R/o Village-Bharwaliya, P.S.-Majhauliya,
                 District-West Champaran.

                                                                    ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through The Chief Secretary, Land and Revenue
                 Department, Government of Bihar, Patna.
           2.    The Additional Chief Secretary, Land and Revenue Department,
                 Government of Bihar, Patna.
           3.    The Engineer in Chief, Building Construction Department, Government of
                 Bihar, Patna.
           4.    The Chief Engineer of Local Area Engineering Organization (LAEO), Bihar,
                 Patna.
           5.    The Commissioner, Tirhut Division, Muzaffarpur.
           6.    The District Magistrate cum Collector, Bettiah, West Champaran.
           7.    The Deputy Collector Land Reforms, Bettiah, West Champaran.
           8.    The Superintendent of Police, Bettiah, West Champaran.
           9.    The Sub Divisional Magistrate, Bettiah, West Champaran.
           10. Executive Engineer, Work Division 1, LAEO, Building Construction
               Department, West Champaran.
           11. The Circle Officer, Majhauliya, West Champaran.
           12. The Block Development Officer, Majhauliya, West Champaran.
           13. The Offiicer in Charge of Majhauliya Police Station, Majhauliya, West
               Champaran.
           14. Shakal Deo Msihra, S/o Late Chandrama Mishra, R/o Mohalla Jai Prakash
               Nagar (ITI Colony), Ward No. 31, PS-Bettiah (Muffasil), District-West
               Champaran.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr.Bimlesh Kumar Pandey, Advocate
                 For the State          :     None.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   21-04-2025

Heard Mr. Bimlesh Kumar Pandey, learned counsel for the petitioner. No one appears for the State.

2. The present petition has been preferred for the Patna High Court CWJC No.5755 of 2025(2) dt.21-04-2025 2/3 following relief/s:

(i) for commanding and restraining the Respondents from Constructing "Panchayat Sarkar Bhavan" on the petitioner's land pertaining to Khata No. 4, Plot No. 891, Mauza Bharwaliya, Thana No. 210, Anchal Majhauliya, District West Champaran, measuring 24 decimals against which Jamabandi No. 118 is running in the name of petitioner's great grandfather namely Matwar Miyan, on which the respondent authorities are going to construct "Panchayat Sarkar Bhavan" forcibly by removing the petitioner and his family members,without issuance of any prior notice, without giving an opportunity to be heard and without verifying the relevant land records with respect to the petitioner's right and Title over the land in question, without considering the petitioner's representation petitions and that too at the cost of infringement of petitioner's Patna High Court CWJC No.5755 of 2025(2) dt.21-04-2025 3/3 Fundamental/constitutional right guaranteed under article 21 and 300A of the Constitution of India respectively;
(ii) for any other retief/reliefs for which the petitioner may be found to be entitled to in the facts and circumstances of the present case.

3. Learned counsel for the petitioner after some argument submits that it will suffice if the case is being heard by the Collector, West Champaran, Bettiah (respondent no.6).

4. Granting said liberty to approach the respondent no.6, the Collector, West Champaran, Bettiah, the writ petition stands disposed of.

5. The petitioner is further always free to take alternative route for his cause.

(Rajiv Roy, J) Ravi/-

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