Ramchandra Purvey v. State Of Bihar

Kishore Kumar Mandal, J.:— Heard.

2. The land of the petitioner was acquired for the National Highways Authority of India (NHAI). The petitioner raised a claim for change in the nature of the land from agriculture to commercial. The Additional Collector-cum Mediation Officer considered the case of the petitioner and rejected vide order dated 18.11.2011 (Annexure-1) which is impugned in the present writ petition.

3. A counter affidavit is filed on behalf of the respondent nos. 2 and 3.

4. The counsel for the State draws attention of the Court to the averments made in para 9 thereof from which it appears that the subject land of the petitioner was recorded as agricultural land in “khesra panji”. In spite of indulgence granted to the petitioner, no document worth reliance was produced in support of the claim that the subject land changed its use and became commercial. Even the certificate issued by the Weights and Measurement Department did not contain khesra number(s). In consideration of the documents produced by the petitioner, the Mediation Officer found it difficult to accede to the request of the petitioner. In para-3 of the counter affidavit it has further been stated that the power to change the category/nature of land is vested in five-men ‘kism Sudhar committee’ headed by the Collector in accordance with the letter dated 10.10.2009 issued by the Principal Secretary, Revenue and Land Reforms, Government of Bihar.

5. There is no rejoinder to the counter affidavit. Considering the above, this Court finds no adequate reason to invoke the writ jurisdiction of this Court and grant the relief(s) as earnestly requested by the petitioner. The writ application is dismissed.

6. Dismissal of this application shall, however, not preclude the petitioner from approaching the appropriate forum for ventilation of his grievance in accordance with law.