Mahanth Devmuni Das Alias Deomuni ... vs The State Of Bihar And Ors
2023 Latest Caselaw 4093 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.18101 of 2018
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1. Mahanth Devmuni Das Alias Deomuni Das Chela Ram Lakhan Das, Udasin Sangat, Dhaniya Pahari, Nawada, P.S. - Nardiganj, District- Nawada.

2. Sagar Muni Chela Late Narayan Das, Resident of Village- Goswari, P.S. Bakhtiyarpur, District- Patna.

... ... Petitioner/s Versus

1. The State of Bihar through the Collector-cum-District Magistrate, Nalanda at Bihar Sharif, District- Nalanda

2. The Collector-cum-District Magistrate, Nalanda at Bihar Sharif, District-

Nalanda.

3. The Anchal Adhikari, Rajgir, District- Nalanda.

4. The Nagar Panchayat, Rajgir, District- Nalanda through its Executive Officer.

5. The Executive Officer, The Nagar Panchayat Rajgir, District- Nalanda.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Chaudhary, Sr. Advocate Mr. Suresh Prasad Bhakta, Advocate For the Respondent/s : Mr. Arun Kumar Bhagat, AC to AAG-12 For the N P Rajgir : Mr. Alok Ranjan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 28-08-2023

Heard Mr. Ashok Kumar Chaudhary, learned senior

counsel, duly assisted by Mr. Suresh Prasad Bhakta, learned

counsel for the petitioners and Mr. Alok Ranjan, learned counsel

representing the Nagar Parishad, Rajgir. The State is represented

by Mr. Arun Kumar Bhagat, learned AC to AAG-12.

2. The petitioner no.1, who claims himself to be the

Mahanth of Udasin Sangat Nanakshahi Pant and petitioner no.2

look after the management on behalf of petitioner no.1, Patna High Court CWJC No.18101 of 2018 dt.28-08-2023

preferred the present writ application under Article 226 of the

Constitution of India seeking quashing of the notice, as

contained in Memo No. 766 dated 03.07.2018 (Annexure-3)

issued under the signature of the Executive Officer, Nagar

Panchayat, Rajgir whereby the petitioner no.2 has been directed

to stop the construction over the land, in question. The

petitioners further seek a direction upon the respondent

authorities not to disturb the peaceful possession of the

petitioners over which they have been coming since several

decades.

3. It is submitted on behalf of the petitioners that

the land, in question, was recorded in Khatiyan as Nanak Kund

Pokhta, Chabutra Pokhta, House with Sahan and Bauli Kund

Pujari and the office of the Sub-Divisional Supply Officer,

Rajgir, Nalanda has granted Ration card on the eve of Malmas

Mela from time to time and pursuant thereto the petitioner has

been lifted rations and Mela was being organized. He further

submits that all of a sudden in the year 2018, while the

petitioner no.2 started fencing over the boundary of the land, in

question, notice has been issued, which is impugned herein,

under the signature of Executive Officer, Nagar Panchayat,

Rajgir, Nalanda directing him to stop the construction work Patna High Court CWJC No.18101 of 2018 dt.28-08-2023

immediately.

4. Learned senior counsel straightway drew the

attention of this Court to the counter affidavit filed on behalf of

Nagar Pachayat, Rajgir and with reference thereto he submits

that presently the impugned notice has been issued on

15.01.2018, but surprisingly the enquiry report has been

submitted by the Revenue Karamchari on 19.07.2019 and, as

such, prima facie, it appears that the enquiry is nothing but an

eye wash, a post dated enquiry behind the back of the

petitioners, causing serious prejudice to their right and

entitlement.

5. On the other hand, learned counsel for the Nagar

Panchayat, Rajgir, while refuting the contention of the

petitioners, submits that so far the claim of the petitioner no.1,

being Mahanth of the Udasin Sangat Nanakshahi Pant with

respect to the land, in question, is concerned, no cogent

evidence has been brought on record showing him the owner of

the land, in question. He further submits that in fact after

formation of the Rajgir Nagar Niveshan Pradhikar, the land has

been vested with the Nagar Panchayat, Rajgir and moreover the

land, in question, is recorded as Gairmazarua Aam House and

Sahan.

Patna High Court CWJC No.18101 of 2018 dt.28-08-2023

6. It would be relevant to point out here that during

pendency of the present writ petition one interlocutory

application, bearing I.A. No. 2 of 2022, has been filed stating

therein that the petitioner no.1 died on 14.04.2022 after handing

over the Gaddinama Chadar Tilak to the petitioner no.2 in the

presence of Sadhu Sangat and devotees of the locality.

7. Considering the nature of the dispute and the

materials available on record, especially the fact that no

evidence, whatsoever, has been brought on record by the

petitioners showing any justifiable right, title and interest over

the land, in question, the Court is not at all persuaded to the

submissions made on behalf of the parties and, accordingly, the

present writ application stands dismissed with liberty to the

petitioners to avail the remedy before the Civil Court of

competent jurisdiction, if so desire.

(Harish Kumar, J) uday/-

AFR/NAFR                NAFR
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Uploading Date          30.08.2023
Transmission Date       NA