Patna High CourtCWJC/1989/2019disposed

Subhash Prasad Singh v. The State Of Bihar And ORS

2019-02-04Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1989 of 2019 ====================================================== Subhash Prasad Singh Son of Late Yugal Kishore Singh resident of VillageDatarpur, P.S. Barahat, District- Banka. ... ... Petitioner/s

Versus

1. The State Of Bihar.

2. Collector cum District Magistrate, Banka.

3. Deputy Development Commissioner, Banka.

4. Circle Officer, Barahat, Banka.

5. Executive Engineer, Canal Irrigation Division, Baunsi, Banka.

6. Assistant Engineer, Sub Division Panjwara (Auria) Banka.

7. Chairman, Zila Parishad, Banka ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajiv Kumar Singh For the Respondent/s :

Mr. Raj Kishore Rai (GP-18) Mr. Prerua Anand ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-02-2019 The petitioner has a grievance that the Zila Parishad, Banka is constructing a PCC road over a piece of land appertaining to Khata no. 290, Khesra no. 5027, area 10 decimal, which is a raiyati land of the petitioner. It is his case that the construction is being made without undertaking any procedure for acquisition of land.

In my opinion, the petitioner has a remedy under the Bihar Land Disputes Resolution Act, 2009 (hereinafter referred to as 'the Act'), Section 4 of which lays down the jurisdiction and authority to resolve disputes. Section 4 of the Act contains list of the types of disputes, which can be taken to the competent

Patna High Court CWJC No.1989 of 2019(2) dt.04-02-2019 2/2 authority under the Act, which includes construction of unauthorized structure.

This application is, thus, disposed of with the observation that the petitioner shall be at liberty to approach the competent authority under Section 2(a) of the Act. Competent Authority shall be Deputy Collector Land Reforms or any officer assigned to discharge the functions and duties of Deputy Collector Land Reforms in the Sub-division.

This is, accordingly, disposed of with the aforesaid observation.

(Chakradhari Sharan Singh, J) Ashish/- U