Patna High Court
Motasim Billa vs The State Of Bihar on 3 January, 2025
Author: Alok Kumar Pandey
Bench: Alok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19183 of 2024
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Motasim Billa Son of Samsul Hoda, Resident of Village- Kochgama, Ward
No. 10, P.S.- Birpur, District- Supaul.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Additional Chief Secretary, Department of Revenue and Land Reforms,
Government of Bihar, Patna.
3. The District Magistrate-cum Collector, Supaul.
4. The Additional Collector, Supaul.
5. The Deputy Collector, Land Reforms (D.C.L.R.), Supaul, District- Supaul.
6. The Sub-Divisional Officer, Birpur, District- Supaul.
7. The Circle Officer, Anchal- Basantpur, District- Supaul.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Pramod Mishra
For the Respondent/s : Mr.Standing Counsel (12)
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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL JUDGMENT
Date : 03-01-2025
Heard the parties.
2. In the instant petition, petitioner has prayed for
the following relief(s):-
For issuance of
appropriate order/orders,
direction/directions, writ/writs,
preferably in the nature of Mandamus,
commanding and directing the
Respondents authority concerned, not
to disturb the petitioner's land
appertaining to Khata No.81, old
Kheshra No.115, New Khesra No.355,
Area 3 Acre situated at Mauza/village-
Kochgama, P.S.- Birpur, District-
Supaul, which was settled in favour of
Patna High Court CWJC No.19183 of 2024 dt.03-01-2025
2/4
ancestor of petitioner (grandfather)
namely Md. Haji Tahir Uddin S/o Late
Titu Mandal long back approx in the
year 1948 by the Ex-landlord Raj
Banaili and accordingly Jamabandi
No.81/937 was created and since then
said land is coming in peaceful
possession of the petitioner and his
family members and upto-date rent
receipt is being issued to the petitioner,
but the Respondent Circle Officer,
Basantpur without issuing any notice
and without taking any consent from
petitioner selected the said land of
petitioner for constructing
'Alapsankhyak Awasiye Vidhyalay
Bhawan' (Muslim Residential School
Building) vide his general notice dated
25.05.2024
illegally and arbitrarily
declaring the said land as Government
Gair Mazarua Khas land and despite
apprising the situation to the
Respondent authorities concerned by
petitioner, no any action is being
taken. Any other relief/reliefs for which
petitioner is found entitled in facts &
circumstances of this case.
3. Learned counsel for the petitioner submits that
land appertaining to Khata No. 81, Old Kheshra No. 115, New
Khesra No. 355, Area 3 Acre situated at Mauza/village -
Kochgama, P.S. Birpur, District- Supaul was settled in favour of
ancestor of petitioner in the year 1948 (approx) by the ex-
landlord Raj Banaili and accordingly Jamabandi No. 81/937
Patna High Court CWJC No.19183 of 2024 dt.03-01-2025
(old) was created and since then the land in question is coming
in peaceful possession of the petitioner and his family members.
He further submits that up to date rent receipt has been issued in
the name of ancestor of the petitioner, which has been annexed
as Annexure P/1 series and in the said rent receipt, Jamabandi
No. 182 (new) is mentioned. He further submits that petitioner
is aggrieved by issuance of notice (Annexure P/2) wherein the
land in question has been arbitrarily declared as that the land is
Government Gair Mazarua Khas land, though, the petitioner has
every right to possess the land in question as petitioner is paying
rent receipt through new jamabandi number, up till now.
Petitioner has represented his grievance before the Circle
Officer, Basantpur and the District Magistrate-cum-Collector,
Supaul but of no avail.
4. Learned counsel for the State submits that
petitioner though petitioner has approached the concerned
authorities, however, if petitioner represents his grievance
before the competent authority afresh along with all the
documents on the basis of which petitioner is claiming his
peaceful possession over the land in question, the concerned
authority will look into the matter.
5. In the light of the facts and circumstances of
Patna High Court CWJC No.19183 of 2024 dt.03-01-2025
the present case and the argument advanced on behalf of the
parties, the present writ petition stands disposed of with liberty
to the petitioner to represent his grievance before the competent
authority within four weeks from the date of receipt of this
order. If petitioner represents his grievance within the stipulated
period, the concerned authority is hereby directed to consider
and dispose of the grievance of the petitioner after giving him
due opportunity, expeditiously, within a period of six weeks
from the date of filing of the representation.
6. It is further directed that till disposal of the
grievance of the petitioner by a speaking order, the possession
of the petitioner should not be disturbed.
(Alok Kumar Pandey, J)
alok/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 07.01.2025.
Transmission Date N/A
