Nunu Sahani vs The State Of Bihar
2023 Latest Caselaw 2063 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.16519 of 2022
     ======================================================

1. Nunu Sahani, Son of Chhotakain Sahani, Resident of Village- Neuri Tol Dath, Post- Jayantipur, Police Station- Biraul, District- Darbhanga (847103)

2. Lakshman @ Lakshman Sahani, Son of Shiv Sankar Sahani, Resident of Village- Neuri Tol Dath, Post- Jayantipur, Police Station- Biraul, District- Darbhanga (847103) ... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna.

2. The Collector, Darbhanga, District- Darbhanga.

3. The Additional Collector, Darbhanga.

4. The Deputy Collector Land Reforms, Biraul, Darbhanga.

5. The Sub-Divisional Officer, Viraul, Darbhanga.

6. The Circle Officer, Biraul, Darbhanga.

7. The Disrict Panchayat Raj Officer, Darbhanga.

8. The Block Panchayat Raj Officer, Biraul, Darbhanga.

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

     For the Petitioner/s      :      Mr. Kaushalesh Choudhary, Advocate
     For the Intervenors       :      Mr. J.S. Arora, Sr. Advocate
                                      Mr. Ravi Bhatia, Advocate
                                      Mr. Manoj Kumar, Advocate
     For the Respondent/s      :      Mr. Ajay, GA-5

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT Date : 02-05-2023

1. Heard learned counsel for the petitioners, learned

counsel for the respondent-State and learned Senior counsel

appearing for the intervenors.

2. The petitioners have filed the instant application for

the following relief(s):-

"(i) For issuance of an appropriate writ(s)/ Rule(s)/Direction(s) in the nature of mandamus, restraining the concerned respondents from ongoing construction work of the Panchayat Sarkar Bhawan upon the raiyati and ancestral land, Patna High Court CWJC No.16519 of 2022 dt.02-05-2023

i.e., 61 decimal land of the petitioners situated at Mouza- Neuri, Old Khata No.531, New Khata No.1858, and Old Khesra No.4288 and New Khesra No.5159, Thana No.267.

(ii) For issuance of direction to the concerned respondents for quashing the order contained in Memo No.3166 dated 17.11.2022 issued by the Collector, Darbhanga, District- Darbhanga.

(iii) For issuance of an appropriate direction to the concerned respondents to stop the ongoing construction work of Panchayat Sarkar Bhawan upon the raiyati and ancestral land, i.e., 61 decimal land of the petitioners with immediate effect.

And/Or

(iv) For grant of other relief(s) to which the petitioners may found entitled, on the facts and circumstances of the case."

3. The subject matter of the instant writ application is

61 decimal of land appertaining to old Khata no.531, new

Khata no.1858, old Khesra no.4288, new Khesra no. 5159,

Thana no.267 in Mouza-Neuri, under Police Station Biraul, in

the District of Darbhanga.

4. The case of the petitioners in brief is that

Chhotakain Sahani and Gango Sahani @ Gangai Sahani, both

sons of Baban Sahani, purchased 1 bigha 3 kathas 15 dhurs of

land by a registered sale deed dated 21.7.1956. The land was Patna High Court CWJC No.16519 of 2022 dt.02-05-2023

mutated and Jamabandi no.367 was created in the name of both

the persons. They started to pay rent and Malguzari receipt was

issued in their names. Learned counsel for the petitioners

submits that the petitioners remained in peaceful possession

ever since 21.7.1956, however, in the revisional survey

khatiyan, the 61 decimal land of the petitioners was stated as

'Anabad Sarv Sadharan'. As such, they filed Case no.7 K/2001,

under section 106 of the Bihar Tenancy Act and the Assistant

Settlement Officer, Darbhanga, allowed the same by his order

dated 16.4.2009. The authority concerned was directed to

remove the name 'Anabad Sarv Sadharan (Anabad Bihar

Sarkar)' from the khatiyan and to mention the names of

Chhotakain Sahani and Gango Sahani @ Gangai Sahani in the

column of land owners.

5. It is further case of the petitioners that the

Government proposed to construct a Panchayat Sarkar Bhawan

at Gram Panchayat Neuri under Biraul Circle. The Circle

Officer, Biraul was asked to submit his no objection regarding

construction of the Panchayat Sarkar Bhawan on 82 decimal

raiyati land and in response thereto the Circle Officer submitted

his no-objection by his letter dated 7.2.2020. It is further

contended that the Circle Officer by his letter dated 18.2.2022, Patna High Court CWJC No.16519 of 2022 dt.02-05-2023

intimidated the District Panchayat Raj Officer, Darbhanga, that

the claim of the petitioners upon 61 decimal of land seems to be

bonafide.

6. Learned counsel for the petitioners further submits

that pursuant to the no objection issued by the Circle Officer, the

construction work started but the same is being done forcibly

upon the private land of the petitioners. The no objection was

with respect to 82 decimal land only, which was stated as

'Anabad Bihar Sarkar'. An inquiry was conducted by the

Additional Collector, who submitted his report dated 19.2.2022,

which was also in favour of the petitioners. As such, it was

submitted by learned counsel for the petitioners that the

aforesaid 61 decimal land is the raiyati land of the petitioners.

Although, the Collector, Darbhanga has recommended for

construction of the building on the remaining 43 decimal land of

Khesra no.5159, he has failed to demarcate the land from the

petitioners' 61 decimal land. As such, it was prayed that the

respondents be restrained from carrying on construction of the

Panchayat Sarkar Bhawan on the raiyati land purchased by the

petitioners' ancestors vide registered sale deed dated 21.7.1956.

7. A counter affidavit has been filed on behalf of

respondent nos.2 to 8, sworn by the Deputy Collector Land Patna High Court CWJC No.16519 of 2022 dt.02-05-2023

Reforms, Biraul, Darbhanga (respondent no.4), wherein it has

been stated that the land in question is an area of 1.04 acres

appertaining to Khata no.1858 (N) and Khesra no.5159 (N). The

petitioners purchased the land measuring an area of 1 bigha 3

kathas 15 dhurs, vide sale deed dated 21.7.1956. The petitioners

in the instant application is concerned with 61 decimal land. It is

the categorical case of the respondents that besides the area of

61 decimal, so far as the construction of the Panchayat Sarkar

Bhawan is concerned, the same is being done on the remaining

43 decimal of land. It is categorically stated that the Panchayat

Sarkar Bhawan is not being constructed over the petitioners'

raiyati land rather upon the public land.

8. Having heard learned counsel for the parties and

taking into consideration the averments on record as also the

submissions made by learned counsels appearing for the

petitioners and the respondents, the facts not in dispute is that

out of the total area of 1.04 acres, the petitioners are concerned

with 61 decimal land. Although, the case of the petitioners is

that the construction of the Panchayat Sarkar Bhawan is being

done on the raiyati land of the petitioners, at the same time it is

stated that the petitioners would have no objection in case the

construction of the same is done on the 43 decimal land of the Patna High Court CWJC No.16519 of 2022 dt.02-05-2023

respondent-State. At this time, it would be important to take

note of the fact that it is the categorical case of the respondents

that the construction of the Panchayat Sarkar Bhawan is not

being done on the land of the petitioners but on the remaining

43 decimal land which belongs to the State of Bihar.

9. In the opinion of the Court, the matter can be

decided effectively by an inquiry/measurement done by a

Committee to be constituted by the Collector, Darbhanga. At

this stage, it is submitted by Learned counsel for the petitioners

that the Anchal Amin of Panchayat Biraul being personally

biased against the petitioners, he may not be included in the

Committee. It is further submitted that the Committee may be

headed by the Additional Collector, Darbhanga, the same be

done in presence of the petitioners and the same may take into

consideration the sale deeds of the petitioners dated 21.7.1956,

with respect to 10 kathas and dated 20.6.1956 with respect to 4

kathas of land.

10. Having heard learned counsel for the parties and

taking into consideration the facts and circumstances of the

case, in the opinion of the Court, the matter can be effectively

and properly decided by measurement being carried out by a

Committee constituted by the Collector, Darbhanga, headed by Patna High Court CWJC No.16519 of 2022 dt.02-05-2023

the Additional Collector, Darbhanga and the same be done in

presence of the petitioners.

11. It is thus directed as follows:-

I) The petitioners shall appear before the Collector,

Darbhanga (respondent no.2) along with a copy of this order in

his office on 17.5.2023 at 11a.m.

II) The Collector shall constitute a Committee of at

least 3 members to be headed by the Additional Collector,

Darbhanga, who shall carry out the measurement of the land in

question in presence of the petitioners at the date and time to be

fixed by the Committee and which shall be communicated to the

petitioners in advance.

III) The Anchal Amin of Panchayat Biraul shall not be

included as a member of the Committee to be headed by the

Additional Collector, Darbhanga.

IV) The Committee in conducting the

inquiry/measurement shall take into consideration the two sale

deeds in favour of the petitioners and/or the petitioners'

ancestors ie the sale deed dated 21.7.1956 and dated 20.6.1956.

V) The report shall be submitted by the Committee

before the Collector, at the earliest but preferably within a

period of four weeks from the date of constitution of the Patna High Court CWJC No.16519 of 2022 dt.02-05-2023

Committee.

VI) A copy of the report will be provided by the

Collector, Darbhanga to the petitioners.

VII) On submission of the report, the authorities shall

proceed with the construction of the Panchayat Sarkar Bhawan,

but not on the land of the petitioners without having acquired

the same.

VIII) In case, it transpires that the construction of the

Panchayat Sarkar Bhawan is not on any part of the petitioners'

land measuring 61 decimal, the respondents will proceed with

the construction but only after the report is submitted before the

Collector, Darbhanga.

IX) Any party aggrieved by the report may challenge

the same in accordance with law.

This writ application stands disposed of with the

above observations and directions.

(Partha Sarthy, J) avinash/-

AFR/NAFR
CAV DATE                N/A
Uploading Date          03.05.2023
Transmission Date       N/A