Patna High Court
Ravi Prakash Singh @ Pappu Singh vs The State Of Bihar And Ors on 21 August, 2025
Author: Anshuman
Bench: Anshuman
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19591 of 2018
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Ravi Prakash Singh @ Pappu Singh Son of Sheo Prasad Singh Resident of
Village- Bhekas, Police Station- Bhabua, District-Kaimur at Bhabua.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The District Magistrate, Kaimur at Bhabua.
3. Sub Divisional Officer, Bhabua, District- Kaimur at Bhabua.
4. The Circle Officer, Bhabua , District- Kaimur at Bhabua.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Pandey, Advocate
Mr. Priyajeet Pandey, Advocate
Ms. Megha, Advocate
Mr. Kaustubh Kumar, Advocate
For the Respondent/s : Mr. Majid Mahboob Khan, Advocate
For the Intervener : Mr. Vinod Kumar Seth, Advocate
Mr. Rajesh Kumar, Advocate
Mr. Arvind Kumar, Advocate
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 21-08-2025
Re:I.A. No.1/2025 with CWJC No.19591 of 2018
Heard learned Counsel for the petitioner, learned
Counsel for the intervener and learned Counsel for the State.
2. Learned Counsel for the petitioner submits
that the present writ petition has been filed for issuance of
mandamus directing the respondents to remove the illegal
Encroachment from the Government land bearing Khata No.
210, plot Nos.1315, 1378, 1380 and 1391 situated at Mauza-
Bhekas, Thana No.500, District- Kaimur at Bhabua, as the land
Patna High Court CWJC No.19591 of 2018 dt.21-08-2025
in question is recorded in the Khatiyan as "Anavad Sarv
Sadharan" upon which there are Pond, Temple and Aam Rasta,
which is issued by the villagers at large and the same has been
illegally trespassed by unauthorized occupants. Learned
Counsel for the petitioner submits that on the said land
mentioned above, after filling earth /pond, they are constructing
their houses causing obstruction in irrigating the lands, cattle
drinking and bathing, holding public function such as Chhath
Puja, Durga Puja, local Mela, marriage function, shradh and
other ceremony of villagers.
3. Learned Counsel for the petitioner submits
that the petitioner has earlier moved before this Hon'ble Court
in Public Interest Litigation vide CWJC No. 21751 of 2014
which was disposed of on 30.01.2016 (Annexure-4). In the said
order, it has been clearly observed that the writ petition is
disposed of keeping in view the fact that this writ petition is
fully covered by the observations made, and the directions made
vide order dated 21.11.2015 passed in CWJC No.4309 of 2015.
4. Learned Counsel for the State submits that the
relevant land is situated in Khata No.210, plot Nos. 1315, 1378,
1380 and 1391 situated at Mauza- Bhekas, Thana No.500,
District- Kaimur at Bhabua, is recorded in continuous Khatiyan
Patna High Court CWJC No.19591 of 2018 dt.21-08-2025
as "Anavad Sarv Sadharan" and type of land is Pond, Temple
and Aam Rasta. Counsel for the State submits that series of
persons are sitting on the matter and to some of them land has
been settled, but on the same hand also admit that there is Pond,
Temple and Aam Rasta as well as some part has been allotted to
the College also.
5. From I.A. No.1 of 2025, it transpires to this
Court that intervener is claiming the settlement of the land.
6. In the light of the submissions made, this
Court is of the firm view that the government has framed
special law in this regard as well as according to policy, the
Gairmajarua Aam land has not to be settled to anyone with
certain restrictions. As such, an issue with strong contest on
which the verification from the records about the right, title and
interest, issuance of parcha etc. has to be verified from the
government records, shall take time in deciding and granting
opportunity to the person concerned.
7. As such, the present writ petition is disposed
off directing the State to follow the law, which has been decided
in the Public Interest Litigation vide order dated 30.01.2016
passed in CWJC No.21751 of 2014, and against the decision
which government has taken or going to take by which anybody
Patna High Court CWJC No.19591 of 2018 dt.21-08-2025
who is aggrieved including the intervener, shall file application
before the Collector, Kaimur at Bhabua and Collector shall
entertain their objections and pass reasoned and speaking order
individually within three months from the date of
receipt/production of a copy of this order.
8. It is made clear that Collector, Kaimur at
Bhabua, shall make publication in the local news paper in this
regard and if no one come forward to raise any objection within
the said period then in that case they shall be debarred from
raising any further claim.
(Dr. Anshuman, J)
Mkr./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 22.08.2025
Transmission Date
