Patna High Court
Bipin KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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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