Jagdish Prasad Singh And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1994 of 2019 ======================================================

1. Jagdish Prasad Singh and Ors Son of Jagan Nath Singh Resident of Ward no. 8, Vishanpur Vasant Subhai South Tola Hazipur, Vaishali.

2. Prabhakar Prasad Singh Son of late Mathura Prasad Singh Resident of Village- Subhai Sidha Ward No. 6, Subhai South tola, Hazipur at Vaishali

3. Binay Kumar Singh Son of Mahadev Singh Resident of Vishanpur Vasant Subhai South Tota, Hazipur, Vaishali

4. Raj Kishor Singh Son of late Ramakant Prasad Singh Resident of House No. 86, Subhai South, Hazipur, Vaishali.

5. Diwakar Prasad Singh Son of late Mathura Prasad Singh Resident of Ward No. 6, Vishanpur Vasant, Subhai South Tola, Hazipur, at Vaishali

6. Dineshwar Prasad Singh Son of late Bheesham Prasad Singh Resident of Dighi Kala Hazipur Vaishali ... ... Petitioner/s

Versus

1. The State Of Bihar through District Magistrate Vaishali

2. Land Development Officers Vaishali Collectariat, Vaishali.

3. Land Acquisition Officer Vaishali Collectariat, Vaishali

4. Executive Engineer RWD, Vaishali ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Archana Sinha @ Archana Shahi For the Respondent/s :

Mr. Rishi Raj Sinha( SC- 19) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-02-2019 Heard learned counsel for the parties.

The petitioners have a grievance that the respondents have constructed a bridge over a piece of land, which belong to them, without validly acquiring the same. It is not indicated as to when the bridge has been constructed in the writ application. It is the petitioners' case that they had been approaching the Police Station, Hajipur, the Circle Officer, Hajipur and the District Magistrate, Vaishali at Hajipur, raising

Patna High Court CWJC No.1994 of 2019(2) dt.04-02-2019 2/2 their grievance, but no heed has been given to the petitioners' grievance by them.

It does not appear from the pleadings on record, whether the petitioners have approached the competent authority raising their claim under the Bihar Land Disputes Resolution Act, 2009 or under the Bihar Right to Public Grievance Redressal Act, 2015. If the acquisition has been done under the provisions of the National Highways Act, 1956, the petitioners could have approached the competent authority raising grievance, which they are raising in the present writ application. The petitioners have approached this Court four years after the construction have already been made. Without commenting upon the merit of the petitioners' claim, this application is disposed of with the observation that the petitioners shall be at liberty to avail statutory remedy, if available, for redressal of their grievance. This application stands disposed of.

(Chakradhari Sharan Singh, J) Ashish/- U