Nandkishore Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2033 of 2024 ====================================================== Nandkishore Singh S/o Late Thag Singh, resident of Village-Naya Tola Turkauliya, P.O.-Turkauliya, P.S.-Turkauliya, District East Champaran, Bihar -845437.

... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary, Department of Home, Government of Bihar, Old Secretariat, Patna.

2.

The District Magistrate Motihari, East Champaran, Bihar. 3.

The DCLR, Motihari, East Champaran, Bihar.

4.

The Land Acquisition Officer, Motihari, East Champaran, Bihar. 5.

The Sub Divisioanl Officer, Turkauliya, East Champaran, Bihar. 6.

The Circle Officer, Turkauliya, East Champaran, Bihar. 7.

The Block Development Officer, Turkauliya, East Champaran, Bihar. 8.

The SHO, Turkauliya, East Champaran, Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amit Kumar Singh, Advocate For the Respondent/s :

Mr. AC to AAG- 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 16-05-2024 Heard Mr. Amit Kumar Singh, learned counsel for the petitioner and learned Assistant Counsel to AAG -12 appearing on behalf of the State.

2. The present writ petition has been preferred for the following relief(s):

(i) to direct the Respondent Authorities not to construct the Panchayat Bhawan on the ancestral/ Raiyat land of the petitioner pertaining to Khata No. 658 Khesra No. 1202 and 1204 having an area

Patna High Court CWJC No.2033 of 2024(2) dt.16-05-2024 2/3 of 5 Acre and 23 Decimal situated at Mauza Turkauliya South, Thana No. 100, District - East Champaran, Bihar;

(ii) to direct the respondent authorities to produce the documents on the basis of which the Respondent No. 4 is alleging that Petitioners are illegally holding the possession of land pertaining to Khata No. 658 Khesra No. 1202 and 1204 situated at Mauza -Turkauliya South, Thana No.- 100, District - East Champaran, Bihar;

(iii) to direct the respondent authorities to produce all the documents related to land acquisition proceeding and encroachment proceedings, if any, done against the land/property of the Petitioners; (iv) to direct for payment of compensation to the Petitioners if it is found that his land/property has been acquired without proper acquisition or encroachment proceedings;

(v) to take appropriate actions against the erring respondents for committing misdeeds, misdemeanour and illegality, particularly for keeping the Petitioners in mental distress and harassment.

3. A counter affidavit has been filed on behalf of the respondent nos. 2 and 7 duly put on oath on 29.03.2024 is on

Patna High Court CWJC No.2033 of 2024(2) dt.16-05-2024 3/3 record but learned counsel for the petitioner submits that he has not received any such copy.

4. This is the regular exercise of all the State counsel in filing the counter affidavit without service to the learned counsel who are appearing in the case. In that background, Mr. Amit Kumar Singh, learned counsel for the petitioner is entitled to a cost of Rs. 1,000/- to be paid by the office of the AAG -12 by tomorrow (i.e. 17.05.2024) and receipt has to be filed by the office of the AAG -12 in the High Court office.

5. After some arguments, Amit Kumar Singh, learned counsel for the petitioner submits that he will be approaching the competent Civil Court for the redressal of the grievance.

6. The writ petition stands disposed of.

(Rajiv Roy, J) Jagdish/- U