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Patna High Court

Ramnath RayversusThe State of Bihar,

Decided
Disposal
DISPOSED

Holding

The Collector must consider the petitioners' objections, afford a hearing, and stay the construction of the Panchayat Bhavan pending his final decision.

Summary

The petitioners, Ramnath Ray and Ram Janam Singh, challenged an order dated 18‑10‑2024 issued by the Collector of Patna directing the construction of a Panchayat Bhavan on land they claim is their Raiyati (revenue) land. They alleged that the order was passed without any notice, hearing, or consideration of their representation filed on 06‑12‑2025, and that the land had neither been lawfully acquired nor donated for the project. The State argued that the matter should be decided by the Collector, who is the appropriate authority, and that the petitioners' representations are pending before him. The Court found that no notice or opportunity of hearing had been given, rendering the order arbitrary and violative of principles of natural justice. Consequently, the Court directed the Collector to consider the objections, afford a personal hearing if necessary, and stay any construction work pending his final decision, with a further order to be issued within three weeks.

Issues considered

  • Whether the Collector's order directing construction on the petitioners' Raiyati land without notice and hearing is arbitrary and illegal.
  • Whether the petitioners are entitled to a stay of the construction pending consideration of their representation.
  • Whether the Collector must examine the objections and possibly modify or set aside his earlier order.

Subjects

  • land acquisition
  • Raiyati land
  • natural justice
  • notice and hearing
  • stay order
  • administrative law
  • collector's powers
  • Panchayat Bhavan

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Civil Writ Jurisdiction Case No.7934 of 2026
     ======================================================
1.   Ramnath Ray, Son of Girija Ray, Resident of Village- Sabalpur, P.S.- River,
     District- Patna, Bihar.
2.   Ram Janam Singh, Son of Late Jamun Singh, Resident of Village- Natha
     Chak, P.O.- Kachi Dargah, P.S.- Didarganj, District- Patna, Bihar.


                                                                   ... ... Petitioner/s
                                         Versus
1.   The State of Bihar through the Principal Secretary, Department of Revenue
     and Land Reforms, Government of Bihar, Main Secretariat, Patna.
2.   The District Magistrate-cum-Collector, Patna, District- Patna.
3.   The Sub-Divisional Officer, Patna City, District- Patna.
4.   The Circle Officer, Patna Sadar, District- Patna.
5.   The Block Development Officer, Didarganj Block, District- Patna.


                                                                 ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s      :    Mr. Pankaj Maijorwar, Adv.
                                    Mr. Akshat Sinha, Adv.
                                    Mr. Akshay, Adv.
     For the State             :    Mr. Arvind Ujwal, SC-4
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
     ORAL JUDGMENT
     Date : 30-06-2026

                        Heard the learned counsel for the parties.

                        2. The main grievance of the petitioners is that

      without disposing the representation dated 06.12.2025, duly

      received in the Office of the Collector Patna, highlighting the
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         conduct of the persons who have tried to grab their land, the

         Collector, Patna (respondent No. 2) passed an order dated

         18.10.2024, directing the construction of Panchayat Bhavan

         over the Raiyati land of the petitioners, without even issuing

         any notice or without even giving any opportunity of hearing

         to the petitioners.

                         3. It has further been submitted on behalf of the

         petitioners that the Collector, Patna (respondent No. 2) has

         passed an order in a very arbitrary manner, giving direction for

         construction of Panchayat Bhavan on the Raiyati land of the

         petitioners, a copy of order of the same could be supplied to

         the petitioners by the Collector, Patna (respondent No. 2) at a

         very late stage.

                         4. It has next been submitted that the moment the

         petitioners came to know about the said order passed by the

         Collector, Patna (respondent No. 2), they filed many

         representations before him, but all seems to have fallen on deaf

         ears and no order has been passed by the Collector, Patna

         (respondent No. 2) till date.

                         5. At last, it has been submitted that the land of

         the petitioners has neither been acquired for the aforesaid

         purpose of construction of Panchayat Bhavan nor has ever
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         donated for the construction of the Panchayat Bhavan.

                         6. Thus, in these circumstances, the order dated

         18.10.2024, passed by Collector, Patna (respondent No. 2) is

         totally untenable in the eyes of law and is fit to be termed as

         arbitrary, illegal and as such, the same is fit to be set aside.

                         7. The learned counsel appearing on behalf of the

         State submits that the petitioners have been deliberately

         suppressed the real facts, which cannot be decided in the writ

         jurisdiction, but the only authority is the respondent/Collector

         and their sub-ordinate Officers, who could decide the claim of

         the petitioners with respect to the nature of the land and since

         the petitioners have already filed representation, which is

         pending before the Collector, Patna (respondent No. 2), it

         would be apposite to issue necessary directions to the

         concerned respondent to consider and pass necessary orders in

         accordance with law.

                         8. After having heard the parties and gone

         through the averments made in the present writ application,

         duly supported by documents annexed therewith, this Court is

         of the considered view that the petitioners have made out a

         case to be considered by the Collector, Patna (respondent No.

         2) and it also appears that no notice of any nature has ever
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         been given to the petitioners prior to passing the order of

         construction of Panchayat Bhavan over the piece of land

         which the petitioners claimed to be their Raiyati land.

                         9. In the aforesaid circumstances, the Collector,

         Patna (respondent No. 2) is duty bond to consider the

         objections raised by the petitioners and also to examine the

         documents so submitted by them and if he deems fit, he may

         also give opportunity to the petitioners of personal hearing in

         order to make himself more conversant with the facts and also

         for verifying the same with the revenue authorities of the

         district.

                         10. Till such decision by the Collector, Patna

         (respondent No. 2) on the representation so filed by the

         petitioners is taken, the construction work with respect to

         Panchayat Bhavan over the Raiyati land of the petitioners

         shall remain stayed.

                         11. In case, the Collector, Patna (respondent No.

         2) comes to conclusive finding that the land in question is of

         Raiayati nature belonging to the petitioners, then he will pass

         necessary orders, modifying his earlier order(s) or otherwise, if

         the claim of the petitioners does not find any substantiation

         from the record, then he is free to pass a reasoned and
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                        speaking order within a period of three weeks from the date of

                        receipt/production of a copy of this order in consonance with

                        the legal provisions and judicial pronouncements of this Court.

                                        12. With the aforesaid observation/direction, the

                        writ petition stands disposed off.

                                        13. Interlocutory application(s), if any, also

                        stands disposed off accordingly.



                                                (Rana Vikram Singh, J)

Praveen-II/-

AFR/NAFR                  NAFR
CAV DATE                  N/A
Uploading Date            01.07.2026
Transmission Date         N/A


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