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Patna High Court

Bipin KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the dispute must be decided by the Additional Collector, Patna, and disposed of the writ petition.

Summary

The petitioners, three landowners, filed a writ petition seeking to restrain the State of Bihar and its officials from converting their land (Khata No.84, Plot No.456) into a playground under the Khelo India, Khelo Bihar Scheme. The respondents filed a counter affidavit indicating that the matter had been referred to the Additional Collector, Patna, for adjudication. The Court examined whether the writ petition was maintainable before it and considered the appropriate forum for resolution. It held that the matter should be decided by the Additional Collector, who must consider all relevant documents and give a reasoned order. Accordingly, the writ petition was disposed, directing the petitioners to approach the Additional Collector within four weeks and obtain a decision by 31-12-2026.

Issues considered

  • Whether the respondents can convert the petitioners' land into a playground under the Khelo India scheme without the petitioners' consent.
  • Whether the High Court has jurisdiction to entertain the writ petition or the matter should be decided by the Additional Collector.

Subjects

  • land acquisition
  • public purpose
  • Khelo India Scheme
  • jurisdiction
  • writ petition
  • civil writ jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.9562 of 2025
                 ======================================================
           1.     Bipin Kumar Son of Adyasharan Singh @ Adhya Singh Resident of Village-
                  Kalapur, P.S. Naubatpur, P.O. Sadisopur, District- Patna.
           2.    Devendra Prasad, Son of Baldeo Prasad, Resident of Village- Kalapur, P.S.
                 Naubatpur, P.O. Sadisopur, District- Patna.
           3.    Nand Kishore Verma, Son of Krishna Murari Prasad, Resident of Village-
                 Kalapur, P.S. Naubatpur, P.O. Sadisopur, District- Patna.

                                                                     ... ... Petitioner/s
                                               Versus
           1.    The State of Bihar through Secretary, Rural Development Department,
                 Patna.
           2.    District Magistrate, Patna.
           3.    Circle Officer, Naubatpur, Patna.
           4.    Prabha Devi, Mukhia, Adla Panchayat, Wife of Indu Bhushan, Resident of
                 Village and Post- Sarasat, P.S. Naubatpur, District- Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :         Mr. Ashok Kumar, Adv.
                 For the Respondent/s   :         Mr. Pramod Kumar Yadav, AC to SC-12
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   21-04-2026                  Heard the parties.

                               2. The present application has been preferred for the

                   following relief(s):

                                                      (i) To restrain the respondents
                                            authorities to the land of make playground
                                            over petitioners bearing Khata No.84, Plot
                                            No.456, Area 16 decimal situated at Mauza-
                                            Bhagwanpur, P.S. Naubatpur, District-Patna
                                            under Khelo India, Khelo Bihar Scheme.
                                                      (ii) Any other relief for which the
                                            petitioners be found entitled to.
           Patna High Court CWJC No.9562 of 2025(2) dt.21-04-2026
                                                       2/2




                                 3. The counter affidavit has come on behalf of the

                     State respondent showing that the Circle Officer, Naubatpur,

                     Patna vide letter no. 2186 dated 19.12.2025 has referred the

                     matter to the Additional Collector, Patna for adjudication.

                                 4. This Court is of the opinion that when the matter is

                     in the Court of the learned Additional Collector, Patna, he

                     should place his case along with all the relevant documents so

                     that an appropriate reasoned order can be passed by him/her.

                                 5. The writ petition is accordingly disposed of

                     allowing the petitioner to approach the Additional Collector,

                     Patna in next four weeks who shall be putting the parties on

                     notice and after hearing all of them, shall be passing a reasoned

                     order preferably by 31.12.2026..



                                                   (Rajiv Roy, J)
Vijay Singh/-

U


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