SUMESHWAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Abhinay Raj, learned counsel appearing on behalf of the petitioner and Mr. Arif Daula Siddiqui, learned counsel for the State.

(2.) The petitioner in paragraph no. 1 of the present writ petition has sought, inter alia, following relief(s), which is reproduced hereinafter:-

(3.) Mr. Abhinay Raj, learned counsel appearing on behalf of the petitioner submitted that the petitioner had made an application under Sec. 5 of the Bihar Agricultural Land (Conversion for Non-Agriculture Purposes) Act, 2010 (hereinafter referred to as "Act, 2010") in requisite Form No.3 giving all the details before the competent authority notified under the Act, 2010 for conversion of his land from agricultural to non-agricultural purpose. Learned counsel submitted that from the order impugned dtd. 24/2/2020 as contained in Annexure-6 passed by the Deputy Collector Land Reforms, Hilsa, Nalanda (hereinafter referred to as "DCLR"), no reason has been assigned, why his application has been rejected. He points out that only ground of rejection is that if the land is converted for non-agricultural purpose, the same will create nuisance in the area. It is submitted that without any evidence or taking into consideration of any criminal activities or any report obtained from the local police on the basis of inquiry, the order cannot sustain. On these basis, learned counsel submitted that the order is required to be set aside and quashed having passed without application of mind.