Patna High Court
Ramashish Prasad SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
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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
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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
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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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