Naresh Kumar Rai v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1811 of 2019 ====================================================== Naresh Kumar Rai, son of Late Nawal Kishore Rai, resident of MohallaGachitola, Power House Road, Dist- Begusarai ... ... Petitioner

Versus

1. The State Of Bihar through the Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna

2. The Collector, Begusarai

3. The District Land Acquisition Officer, Begusarai

4. The Circle Officer, Begusarai

5. The North Bihar Power Distribution Company Limited, Vidyut Bhavan Bailey Road, Patna

6. The Electrical Executive Engineer, Begusarai ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanket For the Respondent/s :

Mr.Raj Kishore Roy, GP 18 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 31-01-2019 Heard learned Counsel for the parties concerned. The petitioner has a grievance that part of the land, which is owned by him, is in illegal possession of North Bihar Power Distribution Company Limited (NBPDCL), Patna. The said land is being used as a Power House. The petitioner wants either the land be acquired in accordance with law on payment of compensation or the possession of the said land be given back to him.

In a proceeding under Article 226 of the Constitution of India, this Court cannot record a finding of petitioner's title, which essentially required for grant of the relief, as is being

Patna High Court CWJC No.1811 of 2019(2) dt.31-01-2019 2/2 claimed by him. The petitioner has remedy under the Bihar Right to Public Grievance Redressal Act, 2015 (in short 'the Act'), in which Public Grievance Redressal Officer has jurisdiction to entertain complaints in relation to violation of any law/policy/service or any scheme in force in the State, by a public authority.

If the petitioner has the grievance that his land is in illegal possession of the NBPDCL, he can raise such grievance under the Act before the Public Grievance Redressal Officer. Learned Counsel for the petitioner has submitted that the petitioner has approached the District Magistrate, Begusarai, alleging illegal possession of his land by the NBPDCL for the purpose of Power House in Begusarai.

However, since the petitioner has statutory remedy under the Act, he may take recourse to the said remedy by filing appropriate application.

This application is disposed of with liberty to the petitioner to approach the Public Grievance Redressal Officer under the Act for ventilating his grievance.

(Chakradhari Sharan Singh, J.) ragini/- U √