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Patna High Court

Krishna KumarversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The petition was dismissed as withdrawn, and no substantive ratio was rendered on the merits.

Summary

Petitioners Krishna Kumar and Baijnath Prasad filed a writ petition seeking to set aside several orders of various authorities that denied them compensation on the ground that they had not constructed on disputed land and that the Ganga Barrage Act, 1975 was not in existence. They also urged the court to consider documents such as Khatiyan, registered sale deed, and Jamabandi receipt. The petition was later withdrawn by the petitioners' counsel. Consequently, the High Court dismissed the writ petition as withdrawn, without addressing the substantive issues raised.

Issues considered

  • Whether the orders denying compensation on the basis of no construction over disputed land can be set aside
  • Whether the alleged non‑existence of the Ganga Barrage Act, 1975 affects the petitioners' claim
  • Whether the authorities were required to consider the petitioners' documents (Khatiyan, sale deed, Jamabandi) before passing the orders

Subjects

  • withdrawal of writ petition
  • public grievance redressal
  • land dispute
  • compensation
  • Ganga Barrage Act
  • Khatiyan
  • sale deed
  • Jamabandi

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.5177 of 2026
                 ======================================================
           1.     Krishna Kumar Son of Late Ram Babu Rai, Resident of Dujra, Devi Asthan
                  Mukhya Gali, P.S.-Buddha Colony, Distt. - Patna.
           2.    Baijnath Prasad, Son of Late Ram Babu Rai, Resident of Beside Plot No.
                 1028, Near Hospito India Buddha Colony, P.S.-Buddha Colony, District-
                 Patna.

                                                                      ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through Addl. Chief Secretary, Land and Revenue
                 Department, Govt. of Bihar, Patna.
           2.    Addl. Chief Secretary, Land and Revenue Department, Govt. of Bihar,
                 Patna.
           3.    The Secretary, Cum Second Appellate Authority, Public Grievance Redressal
                 Cell, Town Development and Housing Department, Govt. of Bihar, Patna.
           4.    Divisional Commissioner, Patna.
           5.    Managing Director, Bihar Urban Infrastructure Development Corporation
                 (BUIDCO), Patna.
           6.    District Magistrate, Patna.
           7.    Addl. Collector, Patna.
           8.    Sub Divisional Magistrate, Patna Sadar.
           9.    Circle Officer, Patna Sadar.
           10. Circle Amin, Patna Sadar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr.Dhananjai Kumar Singh, Advocate
                 For the Respondent/s   :        Mr.Anirban Kundu, SC-24
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   21-04-2026                  Heard the parties.

                               2. The present petition has been preferred for the

                   following relief/s:

                                            (i) for Setting Aside the order dt. 11.2.2026,

                                            passed      by      Departmental          Urban
Patna High Court CWJC No.5177 of 2026(2) dt.21-04-2026
                                            2/3




                                  Development            and   Housing        Department

                                  Govt. of Bihar Cum IInd Appellate Authority,

                                  Public Grievance Redressal Cell, Patna,

                                  whereby and Whereunder it has been held

                                  that,    as        Petitioners     have     not   raised

                                  construction over disputed land, he was not

                                  the owner of land in question;

                                  (ii)    for     Setting Aside        the    Order    dt.

                                  26.12.2024,            passed        by      Divisional

                                  Commissioner, Patna Cum First Appellate

                                  Authority, Public Grievance Redressal Cell,

                                  Patna.

                                  (iii) for, Setting Aside order dt. 21.8.2024,

                                  passed        by     District      Public    Grievance

                                  Redressal Authority, Patna;

                                  (iv) for holding that, reason (i.e. no

                                  construction over disputed land,) assigned

                                  by      Respondents          for      depriving      the

                                  Petitioners, from payment of compensation

                                  is not sustainable in the eye of law;

                                  (v) for holding that, Ganga Barrage Act

                                  1975 is not in existence, as mentioned by
         Patna High Court CWJC No.5177 of 2026(2) dt.21-04-2026
                                                     3/3




                                           Respondents for rejecting the claim of

                                           Petitioners;

                                           (vi) for Commanding and Directing the

                                           Respondents to consider the documents, (i.e.

                                           Khatiyan, Registered Sale Deed, Jamabandi

                                           Receipt) furnished by the Petitioners, and to

                                           pass a reasonable and speaking order in

                                           accordance with law;

                                           (vii) for holding that, without considering

                                           the documents filed by the Petitioners, no

                                           order should have been passed by the

                                           Respondents;

                                           (viii) for any other relief(s) for which

                                           Petitioner is found entitled in the eye of law.

                                3. Mr.Dhananjai Kumar Singh, learned counsel for

                   the petitioner prays for withdrawal of the petition.

                               4. Accordingly, the writ petition is dismissed as

                   withdrawn.



                                                 (Rajiv Roy, J)
Ravi/-

U


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