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Patna High CourtCWJC/4829/2018disposed

Mangala Singh v. The Indian Railways Through The General Manager, East Central Railway And ORS

2022-09-19Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4829 of 2018 ====================================================== Mangala Singh Son of Vikrama Singh, Resident of Bahuaara, P.S.- Rajpur, P.O.- Sisaradh, District- Buxar, presently residing at South East of West Chausa Railway Crossing, Village- Narayanpur, P.O.- Chausa, P.S.- Buxar Muffasil, District- Buxar.

... ... Petitioner/s

Versus

1.

The Indian Railways Through The General Manager, East Central Railway, Hajipur, Bihar.

2.

The General Manager, East Central Railway, Hajipur, Bihar. 3.

The Senior Divisional Engineer, East Central Railway, Danapur, Patna. 4.

The Assistant Divisional Engineer, East Central Railway, Danapur, Patna. 5.

The District Magistrate, Buxar.

6.

The Rai Engineers, Basant Bihar Colony, Raghunathpur, R.P.S. Raod, Danapur.

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

For the Petitioner/s :

Mr.Rakesh Kumar Sinha, Advocate For the Respondent/s :

Mr.Raj Kishore Roy -GP18 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-09-2022 Though the present writ petition was filed for removing the construction of over bridge on Chausa Railway Station, built over the house of the petitioner after demolishing the 23 ft. long and 3 ft. wide overhang (Chhajja) of the first floor as well as second floor of the house of the petitioner and for grant of compensation for such damage that has been done by the Railways, however, the respondent- Railways have filed a counter affidavit, disputing the claim of the petitioner and have also furnished an inquiry report, which is also signed by

Patna High Court CWJC No.4829 of 2018(4) dt.19-09-2022 2/2 the Circle Officer, wherein, it has been stated that roof/ Chhajja of the house of the petitioner has been constructed over the Railways land.

In such view of the matter, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the competent civil court having appropriate jurisdiction for appropriate declaration. Liberty so sought, is granted. The writ petition stands disposed off.

(Mohit Kumar Shah, J) rinkee/- U