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Patna High Court

Ramashish Prasad SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is dismissed as the plot is government land and not subject to the petitioners' claim of ownership, rendering the relief of prohibition and injunction untenable.

Summary

The petitioners, Ramashish Prasad Singh and his wife, sought a writ of prohibition and a permanent injunction to prevent the State of Bihar and its officials from carrying out any works on Plot No. 7995, which they claimed as privately owned agricultural land. The respondents filed counter‑affidavits asserting that the plot is classified as Gair Majra Khas, i.e., government land, and is not part of the eco‑tourism development project for which the State has acquired other lands. They further contended that no notice or NOC had been issued for any work on the plot and that the tourism works are being carried out in a different revenue village. The court examined the respondents' categorical statements and the earlier orders of the Division Bench and the Supreme Court relating to the tourism project. Finding the petitioners' claim unsubstantiated and the land to be public property, the court declined to grant the writ and disposed of the petition. The petition was therefore dismissed without any injunction against the State.

Issues considered

  • Whether Plot No. 7995 is privately owned by the petitioners or is government land.
  • Whether the State can undertake eco‑tourism development works on the said plot.
  • Whether a writ of prohibition and a permanent injunction can be issued to restrain the State from such works.

Subjects

  • writ of prohibition
  • permanent injunction
  • land ownership
  • government land
  • eco‑tourism
  • land acquisition
  • civil writ jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.949 of 2026
                 ======================================================
           1.     Ramashish Prasad Singh Son of Late Ram Sevak Singh, Resident of Village,
                  P.O. and P.S.-Manjhaul (Old P.S.-Cheriya Bariyarpur), Gram Panchayat Raj-
                  Manjhaul No. 4, Ward No. 4, District-Begusarai.
           2.    Smt. Veena Devi, wife of Ramashish Prasad Singh, Resident of Village, P.O.
                 and P.S.-Manjhaul (Old P.S.-Cheriya Bariyarpur), Gram Panchayat Raj-
                 Manjhaul No. 4, Ward No. 4, District-Begusarai.

                                                                               ... ... Petitioner/s
                                                Versus
           1.    The State of Bihar through the Principal Secretary, Revenue and Land
                 Reforms Department, Government of Bihar, Patna.
           2.    The Principal Secretary, Revenue and Land Reforms Department,
                 Government of Bihar, Patna.
           3.    The Secretary, Tourism Department, Government of Bihar, Patna.
           4.    The District Magistrate cum Collector, Begusarai.
           5.    The Additional District Magistrate, Begusarai.
           6.    The Sub-Divisional Magistrate, Manjhaul, Begusarai.
           7.    The Circle Officer, Cheriya Bariyarpur, District-Begusarai.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mrs. Vagisha Pragya Vacaknavi, Advocate
                 For the Respondent/s   :      Mr. Standing Counsel (8)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   20-04-2026                 Heard Mr. Binod Kumar Singh, learned counsel for

                   the petitioner duly assisted by Mrs. Vagisha Pragya Vacaknavi

                   as also the State.

                               2. The present petition has been preferred for the

                   following relief(s):

                                             “for issuance of a writ of prohibition,

                                  permanently        injunct      and      restrain          the

                                  respondents/Authorities from making any plotting
Patna High Court CWJC No.949 of 2026(3) dt.20-04-2026
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                          works or any other physical activities, over Plot

                          No.7995 of Khata No.2490, total purchased Area-2

                          Bigha 07 kattha, 10 dhurs, situated in Mauza-

                          Manjhaul,        P.S.-Manjhaul   (Old   P.S.-Cheriya

                          Bariyarpur) with the given boundaries mentioned

                          in the registered sale deeds and amalgamated with

                          the other purchased adjacent plots of the

                          petitioners, forming one block of land, which are

                          circumference by barbed wire fixed in concrete

                          pillars permanently fixed all around the entire

                          purchased lands forming one block, having

                          residential house, twenty fruit bearing mango trees

                          and doing agricultural works by ploughing the

                          lands for growing oil crops, wheat crops, and

                          sugarcane crops etc.”

                      3. Counter-affidavits have come on behalf of the

          respondent nos. 4 to 7 duly put on affidavit by Circle Officer,

          Cheriya Bariyarpur and paragraph nos. 6 to 9 read as follows:

                                       “6. That it is submitted that the paper

                          cutting which has been annexed by the petitioner

                          placed as Annexure-17 & 18 are wholly concern

                          with the development of a tourism site in
Patna High Court CWJC No.949 of 2026(3) dt.20-04-2026
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                          compliance to the order passed by the Hon'ble

                          Division Bench presided by Hon'ble Chief Justice

                          wherein vide order dated 18/12/2025 passed in

                          CWJC No.19823/2024, under the heading of

                          Public Interest Litigation and the same has been

                          passed in view of the order passed by the Hon'ble

                          Supreme Court and for which the Government had

                          through a notification has processed acquired some

                          lands in which the land plot in issue appertaining

                          to Thana Manjhaul, Plot no.7995 has not been

                          incorporated.

                                       7. That it is further humbly submitted

                          that it is pursuant to the order of this Hon'ble

                          Court      passed       on    27/01/2026   in   CWJC

                          No.949/2026, the Respondent Circle Officer,

                          Cheriabariarpur inquired and verified the records

                          of concerned land in issue i.e. Plot No.7995 of

                          Khata No.2490, Mauza Manjhaul and has found

                          that the very land in issue is situated under the

                          Revenue Village Manjhaul, Thana No. 191 and

                          happens to be Gair Majarua Khas (Bakabje Kothi

                          Nil), which is a Government land and as per the
Patna High Court CWJC No.949 of 2026(3) dt.20-04-2026
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                          Khatiyan of that very Mauza and apparently it is a

                          public land and not a Kayami Raiyat land in nature

                          as claimed by petitioner.

                                       8. That it is relevant to submit here that

                          the allegation with respect to do some work by the

                          State on plot in issue is totally misleading incorrect

                          and false as there is no any boundary wall

                          surrounding over the plot in issue and apart from

                          that the Respondent C.O. Cheriyabariarpur has not

                          issued any chit of NOC with respect to the alleged

                          allegation of doing some work on the said plot in

                          issue till date.

                                       9. That it is submitted that it is for the

                          purposes of developing Eco Tourism in the State of

                          Bihar; Eco Tourism Development works are going

                          on under Revenue Village Jai Mangala Garh

                          situated at Thana No. 189 and not over the

                          petitioner land in question i.e. Plot No.7995 of

                          Khata No.2490 which falls under Revenue Village

                          Manjhaul, Thana No. 191, evident from Annexure-

                          A of present counter affidavit as well.”

                      4. Though a reply to counter-affidavit has been filed
          Patna High Court CWJC No.949 of 2026(3) dt.20-04-2026
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                    on behalf of the petitioner, in view of the fact that a categorical

                    statement has been made by the respondent that plot no. 7995 of

                    Khata no. 2490 as recorded in paragraph 1 of the petition, is not

                    part of the area that has been taken up for the development of

                    the tourism site.

                                5. In that background, allowing the petitioner to

                    agitate the matter afresh, if situation so warrant, the writ petition

                    stands disposed of.



                                                  (Rajiv Roy, J)
Adnan/-

U


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