Patna High CourtCWJC/2081/2019disposed

Akshay Kumar Singh @ Sanjay Singh v. The State Of Bihar And ORS

2019-02-05Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2081 of 2019 ====================================================== Akshay kumar singh @ sanjay singh Son of Late Ramashish Singh Resident of Village- Pakhrahan, P.O- Poaiwan, P.S.- Mufasil, Aurangabad, DistAurangabad. ... ... Petitioner

Versus

1. The State of Bihar

2. The District Magistrate Aurangabad

3. The District Land Acquisition Officer Aurangabad

4. The Chief Engineer Public Works Department New Secretariat, Patna

5. The Secretary Road Construction Department Bhisaweshwariya Bhawan Baily road Patna

6. The Executive Engineer, Road construction department, Aurangabad. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Dr.Leelawati Kumari For the Respondent/s :

Mr.Sushil Kumar, SC-22 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-02-2019 The petitioner has a grievance that a public road has been constructed on his khatiyani land, appertaining to Plot No.29, Khata No.1772, unauthorisedly without taking recourse to any land acquisition proceeding. He has also stated that no consent was obtained from the petitioner prior to construction of the road.

In my view, the petitioner has the statutory remedy to approach the competent authority within the meaning of Section 2(1) of the Bihar Land Disputes Resolution Act, 2009. Section 4 of the said Act deals with the jurisdiction and the authority to resolve disputes, which includes dispute relating to construction of unauthorised structure. If the construction of the said road is

Patna High Court CWJC No.2081 of 2019(2) dt.05-02-2019 2/2 unauthorised, petitioner can raise his grievance before the competent authority under the Act.

This application is accordingly disposed of with the observation that the petitioner shall have liberty to approach the competent authority under the Act of 2009. There is another enactment, namely, Bihar Right to Public Grievance Redressal Act, 2015, which is also a forum which the petitioner can avail if the provisions so permit.

If the petitioner approaches the competent authority, the Court expects that the petitioner's grievance shall be redressed within the statutory time limit prescribed under the Act.

(Chakradhari Sharan Singh, J) Pawan/- U