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IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1181 of 2026

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1. Satyendra Kumar Singh Son of Late Ram Pandit Singh, Resident of Village-

Dhakani Bigha, Post and Police Station- Makhdumpur, District- Jehanabad.

At present resident of Road No. 4, near Doon Public School, Shastri Nagar,

West, Police Station- Rampur, District- Gaya.

2. Devendra Kumar, Son of Late Ram Pandit Singh, Resident of Village-

Dhakani Bigha, Post and Police Station- Makhdumpur, District- Jehanabad.

At present resident of Road No. 4, near Doon Public School, Shastri Nagar,

West, Police Station- Rampur, District- Gaya.

... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Revenue and Land

Reforms Department, Govt. of Bihar, Patna.

2. The District Magistrate-cum-Collector, District, Jehanabad.

3. The Sub-Divsional Officer, Sadar Jehanabad, District- Jehanabad.

4. The Circle Officer, Block Makhdumpur, District- Jehanabad.

5. The Junior Engineer, Construction Division, Makhdumpur, District-

Jehanabad.

6. The Station House Officer, Police Station- Makhdumpur, District-

Jehanabad.

... ... Respondent/s

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Appearance :

For the Petitioner/s : Mr.Anil Kumar Singh

For the Respondent/s : Mr.Additional Advocate General (12)

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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH

ORAL JUDGMENT

Date : 29-01-2026

Heard Mr. Anil Kumar Singh, learned counsel

appearing on behalf of the petitioners and learned AC to AAG-

12 for the State.

2. The petitioners in paragraph no. 1 of the present

writ petition have sought, inter alia, following relief(s), which is

reproduced hereinafter:-

Patna High Court CWJC No.1181 of 2026 dt.29-01-2026

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"I. For issuance of a writ in the nature of

mandamus for commanding and directing the respondent

authority not to acquire the land of the petitioners

measuring an area 60 decimal land (total are 3 Acre 30

decimal), Thana No. 315, Khata No. 112, Plot No. 709

Mauza- Dhakani Bigha for construction of Solid Waste

Processing.

II. For issuance of an appropriate writ for

commanding and directing the respondent authority to not

interfere the Memo No. 1407 dated 26.6.2025 whereby it

has been directed to acquire the cultivated land in which

wheat plants are lying in the field of the said land by which

the petitioners is earning his livelihood.

III. For issuance of an appropriate writ for

directing the respondents to change the alignment for

construction of Solid Waste Processing through the

Gairmazarua land is available nearby to the petitioners

land/locality.

IV. For grant of any other relief/reliefs for

which the petitioners is legally entitled in the facts and

circumstances of the case."

3. Brief facts of the case is that the petitioners claim

lawful ownership and peaceful possession over land bearing

Thana No. 315, Khata No. 112 (Old Khata No. 34), Plot No.

709, measuring 3 acres 30 decimals, situated at Mauza Dhakani

Bigha, District Jehanabad, stating that 60 decimals of the said

land were purchased through a registered sale deed dated

11.01.1991 in the names of Smt. Gita Devi, Smt. Aashrita

Kumari, Smt. Anita Kumari, and Petitioner No. 2, Devendra

Kumar Singh, and that they have been cultivating the land since

the date of purchase, while the original raiyats, Late Surajnath

Singh and Most. Indrapadi Kuer, had earlier acquired the land

pursuant to an order passed under Section 40 of the Bihar

Patna High Court CWJC No.1181 of 2026 dt.29-01-2026

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Tenancy Act in the year 1961. The grievance of the petitioners

arose when the Circle Officer, Makhdumpur, issued Memo No.

1407 dated 26.06.2025 declaring the land as Gairmazarua and

restraining the petitioners from cultivating it without initiating

any proceeding or affording an opportunity of hearing. The

petitioners thereafter submitted representations dated

03.07.2025, 21.11.2025, and 06.12.2025 before the District

Magistrate-cum-Collector, Jehan