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Patna High CourtCWJC/2250/2024disposed

Bashuki Nandan Poddar v. The State Of Bihar

2024-05-16Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2250 of 2024 ====================================================== Bashuki Nandan Poddar Son of Ramawatar Poddar, Resident of villageShakarpura, Ward No.9, P.S.- Bakhri, District-Begusarai. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Chief Secretary, Government of Bihar, Patna.

2.

The Divisional Commissioner, Munger Division. 3.

The District Magistrate, Begusarai.

4.

The Deputy Development Commissioner, Begusarai. 5.

The Sub-Divisional Officer, Bakhri-Sub-division 6.

The Circle Officer, Bakhri Circle, Sub-Division, Bakhri, District-Begusarai. 7.

The Executive Officer, Bakhri Nagar Parishad, Bakhri. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nakul Jamuar, Advocate For the Respondent/s :

Mr. Bijoy Kumar Sinha, AC to AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 16-05-2024 Heard Mr. Nakul Jamuar, learned counsel for the petitioner and Mr. Bijoy Kumar Sinha, AC to AAG-5.

2. The present writ petition has been preferred for the grant of following relief/s:- "That this writ application is being filed on behalf of the petitioner and the petitioner prays for issuance of writ preferably in the nature of mandamus commanding and directing to the Respondents concerned to stop the work of road and vacant the land of the petitioner because village road is constructing on the Land of the petitioner under the government scheme, and the petitioner is owner of the said Land, and

Patna High Court CWJC No.2250 of 2024(2) dt.16-05-2024 2/3 he is paying rent, but the Respondents concerned without giving notice, and without acquired the said land properly and legally, the village road is constructing on the land of the petitioner, and that aforesaid land was purchased through registered deed in 1967 by the father of the petitioner namely Ramautar Poddar bearing Deed No. 8494. And/or any other relief/reliefs for which the Petitioner is found entitled to in the facts and circumstances of this case."

3. Learned counsel for the petitioner submits that despite his representation to all the concerned authorities including the Deputy Development Commissioner, Begusarai, no step has been taken and illegally, the Nagar Parishad, Bakhri is making construction.

4. Learned State counsel accepts and submits that at least the respondent should have responded to the repeated representations of the petitioner before all the concerned authorities.

5. In that background when the contention of the petitioner is that they are continuing with the construction, it would be appropriate that the petitioner files a fresh representation alongwith all the relevant documents before the respondent no. 3, the Collector, Begusarai within a period of four weeks from today, who shall take up the matter and after

Patna High Court CWJC No.2250 of 2024(2) dt.16-05-2024 3/3 noticing the parties as also the Executive Officer, Bakhri Nagar Parishad, Begusarai (respondent no. 7) will take the matter to its logical conclusion expeditiously.

6. The present writ petition stands disposed of. (Rajiv Roy, J) Adnan/- U