Rajendra Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18396 of 2018 ====================================================== Rajendra Prasad Singh Son of late Satya Narayan Prasad Singh Resident of Village- Dhrubpatti, Ward No. 2, Srinagar, P.S. Ghailarh, District- Madhepura, Bihar Pin- 852124. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Secretary, Rural Works Department Government of Bihar, Bishwasraia Bhawan, Bailey Road, Patna.

3.

The Engineer-in-Chief, Government of Bihar, Rural Works Department, Government of Bihar, Bishwasrai 4.

The Executive Engineer, Rural Works Department, Works Division, Madhepura.

5.

The District Magistrate, Madhepura.

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

For the Petitioner/s :

None.

For the Respondent/s :

Mr.Manish Kumar, AC to Ex-AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-09-2025 No one appears on behalf of the petitioner though State is present.

2. The present petition has been preferred for the following relief/s:

(i) for issuance of appropriate writ, order or direction for commanding upon the respondents to remove the entire structure of road and bridge that is being constructed and has been constructed over the private land of the petitioner and over the land of his sons namely Pankaj Kumar and Dr.

Neeraj Kumar of following descriptions:-

2/4 (a) land bearing Khata No. Old 500, Khesra No. Old- 536, New-892, Mauza -Sri Nagar Tola Dhrubpatti, Thana No.33, Rakwa-4 Khatta purchased by the petitioner vide Registered Deed dated 31.07.1978;

(b) land purchased in the name of Pankaj Kumar who is the son of the petitioner vide Registered Deed dated 17.03.1980 bearing Khata No.500, Khesra No. 189, Rakwa 1.7 Khatta;

(c) land bearing Khata No. Old 500 and New 638, Khesra No. Old-536, New-893, Mauza Sri Nagar Tola Dhrubpatti, Thana No. 33, Rakwa 1/12 Khatta purchased by the son of the petitioner namely Pankaj Kumar vide Registered Deed dated 31.07.1978, purchased through registered deed dated 22.07.1986;

(d)) land bearing Khata No. Old 500 and New 536, Khesta No. Old-893, New-638, Rakwa-2.12 Khatta purchased jointly by both the sons of the petitioner namely

3/4 Pankaj Kumar and Neeraj Kumar vide Registered Deed dated 31.07.1978, purchased through registered deed dated 07.01.1988;

(e) land bearing Khata No.498, Khesra No.

Old- 514, New-1569, Rakwa-6 Khatta purchased by the son of the petitioner namely Pankaj Kumar vide Registered Deed dated 17.03.1980;

(ii) for issuance of appropriate writ/direction commanding the respondents to immediately stay the further construction of road and Bridge on the aforesaid land of the petitioner and his sons;

(iii) for payment of compensation for the loss of income caused to the petitioner and his sons because of making the aforesaid land uncultivable due to aforesaid construction of Bridge and road and the consequent water logging in the whole of the aforesaid plot/land;

(iv) for payment of adequate compensation

4/4 after initiating the process of acquiring the land of the petitioner and his two sons, if the structure of road and bridge is not removed from the raiyati land of the petitioner, as the respondents have made the aforesaid structures without the consent of the petitioner and his sons and without initiating the process of acquiring the private lands of the petitioner, as per the provisions laid down laid down in this regard;

(v) for issuance of appropriate writ or direction for which the petitioner may be found entitled to any other relief or reliefs as your lordship may deem fit and proper under the circumstances.

3. On the last occasion before the coordinate bench, there was no appearance.

4. Today on call, no one there is no appearance, the writ petition is dismissed for non prosecution. (Rajiv Roy, J) Ravi/- U