Patna High Court
Md. Aftab KhanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is disposed, directing the petitioner to file a representation before the Collector‑cum‑District Magistrate for a reasoned order on the removal of the land from the non‑salable list.
Summary
The petitioner, Md. Aftab Khan, filed a writ petition seeking the release of a 37‑decimal portion of land (Mauja Sikandra Thana No. 122) that had been placed on a non‑salable list in connection with a proposed border construction. The respondents, including the State of Bihar and various revenue officials, cited a letter from the District Land Acquisition Officer directing that lands falling under the proposed construction corridor be listed as non‑salable. The petitioner contended that his land, situated on the Jamui‑Nawada road, does not lie within the proposed construction line. The court examined the claim and directed the petitioner to file a proper representation before the Collector‑cum‑District Magistrate, who will consider the matter and pass a reasoned order. The writ petition was therefore disposed, with the court ordering the petitioner to pursue administrative remedy within a stipulated time frame.
Issues considered
- Whether the land of the petitioner should be removed from the non‑salable list despite the proposed border construction.
- Whether the petitioner is entitled to a writ directing the release of the land.
Subjects
- land acquisition
- non‑salable list
- writ petition
- property rights
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19813 of 2025
======================================================
Md. Aftab Khan S/o Nassem Khan, R/o Mohalla- Nawab Totli Sikandana,
P.S.- Sikandara, District - Jamui.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary of Revenue and Land Reform
Govt. of Bihar Patna.
2. The Director Revenue and Land reform Department Govt. of Bihar Vikas
Bhawan Patna.
3. The Commissioner Munger P.S. and Disrict Munger.
4. The Collector cum Dist. Magistrate Jamui P.S. and District Jamui.
5. The Sub Registrar Registration Officer Jamui P.S. and District Jamui.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dr. Anjani Pd. Singh, Adv.
For the Respondent/s : Mr. Addl. Advocate General (03)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 31-03-2026 Heard Dr. Anjani Pd. Singh, learned counsel for the
petitioner and the State.
2. The present application has been preferred:
for issuance of an appropriate writ
order, direction to the respondents to release
the part land of Mauja Sikandra Thana no.
122, Khata no. 167 Khesra no. 1386 total
area 37 decimal which has wrongly put into
the list of non salable pretest list.
3. The prayer of the petitioner is to release the part of
the land which has been wrongly put in the category of non-
salable list.
Patna High Court CWJC No.19813 of 2025(3) dt.31-03-2026
2/3
4. A counter affidavit has come on behalf of the
respondent nos. 4 and 5 duly signed by the District Sub-
Registrar, Jamui and learned State Counsel has taken this Court
to paragraph 8 to show that for construction of Barbigha-
Sheikhpura- Sikandra- Jamui- Jhajha- Banka- Panjbara, Bihar
Jharkhand Border, a proposal has come vide letter no. 237/ L.A.
dated 29.07.2024 by the District Land Acquisition Officer,
Jamui to the District Sub-Registrar, Jamui to put those coming
under that category under the non-salable list.
5. Learned counsel for the petitioner submits that
contrary to the said perception, fact remains that his land is
situated on Jamui-Nawada road which has nothing to do with
the proposed construction.
6. Learned State Counsel submits that in that case, he
is well-advised to satisfy the local authorities including the
District Magistrate-cum-Collector, Jamui.
7. Learned counsel for the petitioner submits that a
proper representation shall be preferred along with supporting
documents to support the said contention that the land in
question is not in the proposed line of the construction to be
initiated by their respondent authorities.
8. In that background, the writ petition is disposed of
Patna High Court CWJC No.19813 of 2025(3) dt.31-03-2026
3/3
allowing the petitioner to file appropriate petition/representation
before respondent no. 4, the Collection-cum-Dist. Magistrate,
Jamui who shall be noticing all the concerned parties and shall
pass a reasoned order thereafter.
9. It is expected that if the petition is preferred in next
four weeks, the Collector shall be passing an appropriate order
preferably within a period of six months thereafter.
(Rajiv Roy, J)
Vijay Singh/-
U
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