Patna High Court
Ravikant SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The writ petition is disposed of, with the petitioner directed to approach the appropriate authorities under the Bihar Agricultural Land (Conversion for Non‑Agriculture Purposes) Act, 2010 for conversion and compensation.
Summary
Petitioner Ravikant Singh filed a writ petition seeking removal of encroachments on his rayyati land and acquisition with compensation at commercial rates, alleging that a road had been constructed on his property. He also requested the court to direct the authorities to acquire the land. The petitioner later sought to withdraw the writ and instead apply under Section 5 of the Bihar Agricultural Land (Conversion for Non‑Agriculture Purposes) Act, 2010 for conversion of the land and compensation. The court noted that the petitioner had not filed the required conversion application and advised him to approach the competent authority for redress. Accordingly, the writ petition was disposed of without any substantive order on the merits.
Issues considered
- Whether the writ petition for removal of encroachment and acquisition of rayyati land is maintainable without a prior conversion application under the Bihar Agricultural Land (Conversion for Non‑Agriculture Purposes) Act, 2010.
- Whether the petitioner may be directed to withdraw the writ and pursue relief under Section 5 of the said Act.
Subjects
- encroachment
- rayyati land
- land conversion
- compensation
- writ petition
- Bihar Agricultural Land Act
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21062 of 2025
======================================================
Ravikant Singh, aged about 45 years, (Male), S/O Ganga Singh, Resident of
Dhanpurwa, P.O.- Sasaram, P.S.-Sasaram, District- Rohtas.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Revenue and Land Reform, Bihar, Patna.
2. The District Magistrate- cum- Collector, Sasaram, District- Rohtas.
3. The Municipal Commissioner, Sasaram Municipal Corporation, District-
Rohtas.
4. The Executive Engineer, Sasaram Municipal Corporation, Sasaram, Rohtas.
5. The Executive Engineer, Rural Works Division, Sasaram, Rohtas.
6. The Circle Officer, Sasaram, District- Rohtas.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Fakhruddin Ali Ahmad, Advocate
For the Respondent/s : Mr. M.K. Upadhyay, AC to GP-3
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 19-01-2026 Heard Mr. Fakhruddin Ali Ahmad, learned counsel
who is present on behalf of the petitioner and Mr. M.K.
Upadhyay, learned AC to GP-3 for the State.
2. The petitioner in paragraph no. 1 of the present writ
petition has sought, inter alia, following relief(s), which is
reproduced hereinafter:-
"a. To direct the respondent' authorities
to remove the encroachment made on the rayyati
land of the petitioner appertaining to Khata no- 47,
(Old), 134(New), Plot No- 292, 293 (Old) 684, 687
and 688(New) situated at Mauza- Dhanpurwa,
Thana No - 137, ward no - 8 (Old), 16 (New), P.S.
Patna High Court CWJC No.21062 of 2025(2) dt.19-01-2026
2/3
and Anchal - Sasaram, District- Rohtas.
b. To direct the respondent authority to
acquire the aforesaid land of the petitioner in
accordance with law and make appropriate
compensation at the commercial rate since road has
been constructed on the rayyati land of the
Petitioner in the commercial zone in the event they
choose to keep the road.
c. To grant any other relief - reliefs for
which the petitioner is entitled under the facts and
circumstances of the instant writ petition."
3. Learned counsel appearing on behalf of the
petitioner seeks to withdraw the present application with a
liberty to first file an application under Section 5 of the Bihar
Agricultural Land (Conversion for Non-Agriculture Purposes)
Act, 2010 (hereinafter referred to as “Act, 2010”) in requisite
Form No.3 giving all the details before the competent authority
notified under the Act, 2010 for conversion of his land from
agricultural to non-agricultural purpose in view of the fact that
no such statement or information has been given by the
petitioner in the writ petition. Thereafter, he seeks to file detail
application before the District Magistrate-cum-Collector
concerned for grant of due compensation in accordance with
law.
4. Considering the aforesaid submission, the
petitioner, if so advised, may approach the appropriate
authorities for redressal of his grievance expeditiously in
accordance with law.
Patna High Court CWJC No.21062 of 2025(2) dt.19-01-2026
3/3
5. Accordingly, the present application stands
disposed of.
(Purnendu Singh, J)
Niraj/-
U T
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