Patna High Court
Vimal Kumar RaiversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court held that the petitioner must approach the Collector with a proper representation and that the writ petition is not maintainable, resulting in its dismissal.
Summary
The petitioner, Vimal Kumar Rai, filed a writ petition seeking a direction to prevent the issuance of a purcha on government land (Khata No.127, Khesra No.123) and to stop the cutting of trees planted under the 1991 Vriksha Patta Yojna, as well as to claim the balance payment due under the scheme. The respondents, including various state officials and the local Mukhiya, opposed the relief, arguing that the petition was based merely on apprehension and that any grievance should be addressed to the Collector, Muzaffarpur. The Court observed that the petitioner’s concerns could be redressed by filing a proper representation before the Collector, and that any felling of trees would require permission from forest officials. Consequently, the Court declined to issue any writ or injunction and directed the petitioner to approach the Collector for relief. The writ petition was therefore disposed of without granting any of the reliefs sought.
Issues considered
- Whether the petitioner is entitled to a writ directing the authorities not to issue a purcha on the specified government land.
- Whether the Court can restrain the cutting or damage of trees planted under the Vriksha Patta Yojna.
- Whether the petitioner is entitled to the balance payment under the tree plantation scheme.
- Whether the writ petition is maintainable in the absence of a specific grievance before the appropriate administrative authority.
Subjects
- writ petition
- government land
- tree plantation scheme
- Vriksha Patta Yojna
- administrative law
- non-payment
- forest permission
- land administration
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17540 of 2018
======================================================
Vimal Kumar Rai Son of Late Harihar Rai, Resident of Village- Harpur-
Bhakhari, P.O.- Mirzapur, Police Station- Ahiyapur, District- Muzaffarpur.
... ... Petitioner/s
Versus
1. The State Of Bihar and Ors
2. The Principal Secretary, Animal and Fishery Resources Department, Govt.
of Bihar, Patna.
3. The District Magistrate, Muzaffarpur.
4. The Senior Superintendent of Police, Muzaffarpur.
5. The Additional Collector, Muzaffarpur.
6. The Sub-Divisional Officer, Muzafarpur Sadar, Muzaffarpur.
7. The Circle Officer, Mushahari, Muzaffarpur.
8. The Officer-in-Charge, Ahiyapur Police Station, District- Muzaffarpur.
9. Md. Shahabuddin, Son of not known, the present Mukhiya of Abdul Nagar
@ Madhopur, Anchal Mushahari, P.S.- Ahiyapur, District- Muzaffarpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prafull Chandra Jha, Adv.
Mr. Keshav Kumar Jha, Adv.
Mr. Rahul Kumar, Adv.
For the Respondent/s : Mr. Nutan Sahay, AC to AAG-12
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
5 06-01-2026 Heard the parties.
2. The present application has been preferred for the
following relief(s):
(i) For directing the respondent
authorities specially the Respondent no. 3, 6
and 7 not to issue any purcha to any one in
connivance with respondent no.9 regarding
government land related to Khata No. 127,
Khesra No.123 which was/is Bhinda of
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Pokhar and in the year 1991 by License No.
58/91 dated 14.08.1991 under trees
settlement scheme (Vriksha Patta Yojna)
sanction for tree plantation was given to the
petitioner and one Laxman Sahani under the
signature of the respondent no.7 the Circle
Officer, Mushahari, Muzaffarpur but now the
petitioner came to know that by the Circle
Officer Mushahari, Purcha is being issued to
some person which is illegal action on the
part of the Circle Officer, Mushahari.
(ii) For directing the respondent
authorities not to cut/ damage any tree which
is planted on said Bhinda of Pokhar, Khata
no. 127, Khesra No. 123 because there are
more than thousand of trees planted on the
said plot (Bhinda of Pokhar) and with the
connivance of the respondent no.9 the same
is being damage/ cut by the respondent no.9.
(iii) For directing the resp.
authorities to make payment of total amount
of Rs. 103375.70 (one lakh three thousand
three hundred seventy five and seventy
paisa), the amount is due under tree
plantation scheme which were planted by the
petitioner after getting license of tree
plantation but instead of making total
payment of Rs. 108375/- only Rs. 5000/- was
paid to the petitioner.
(iv) For all consequential
Patna High Court CWJC No.17540 of 2018(5) dt.06-01-2026
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relief/reliefs for which the petitioner is found
entitled in course of hearing of this writ
application.
3. At the outset, learned State Counsel submits that
only on the basis of apprehension, the petitioner has moved
before this Court and if he has any grievance, could have
approached the Collector, Muzaffarpur.
4. Learned counsel for the petitioner submits that not
only he has grievance regarding the non-payment, the
apprehension is that the trees which are necessary for the
mankind, the respondent may resort to its cutting.
5. This Court has taken note of the submissions put
forward by the parties and the submission of the learned State
Counsel seems to be justified.
6. The petitioner can put forward his proper
petition/representation before the Collector, Muzaffarpur
incorporating all the facts so that he/she can take a decision in
the matter after hearing all the necessary parties.
7. Needless to add, so far as falling of the trees is/are
concerned, the same cannot be done, save and accept, with the
permission of the forest officials which the Collector,
Muzaffarpur must take note of while passing the order in any
representation/petition filed by the petitioner.
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8. The writ petition is disposed of with aforesaid
observation.
(Rajiv Roy, J)
Vijay Singh/-
U
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