Smt. Laxmi Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13799 of 2016 ====================================================== Smt. Laxmi Devi W/o Sri Ajay Kumar Singh R/o Village- Saboura, P.S. Barauni, O.P. IOC, Barauni, District-Begusarai. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Collector-cum District Magistrate, Begusarai. 3.

The District Planning Officer, Begusarai.

4.

The Executive Engineer, Rural Engineering Organization, Begusarai. 5.

Dr. Bhola Singh S/o late Ram Pratap Singh, Hon'ble Member of Parliament Lok Sabha, Begusarai Parliamentary Constituency, Begusarai, Kachahari Road, Begusarai, P.S. Town, District Begusarai, ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar Sharma, Advocate For the Respondent/s :

Mr.Vinay Kirti Singh, GA-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-04-2023 The present writ petition has been filed seeking the following relief:- "1. That this application is being filed for issuance of appropriate writ or writs, in the nature of the writ of Mandamus commanding and restraining the respondents from forcibly taking about 2 Kathas of the land appertaining to Khata No. 4, Khesra No. 109 and about 10 dhurs of land appertaining to Khata No. 33, Khesra No. 110, situated in MauzaJamalpur, belonging to the petitioner, in the proposed road shown in green colour in the map (Annexure-7) being constructed out of the M.P. development fund and directing the respondents not to construct the said proposed road on the

Patna High Court CWJC No.13799 of 2016(2) dt.04-04-2023 2/2 said land of the petitioner."

At the outset, the learned counsel for the petitioner has referred to paragraph no. 6 of the counter affidavit, filed in the present case by the respondents no. 2 and 3 to submit that since it has been stated therein that there is no scheme to construct any PCC road in Mauja-Jamalpur, either on the land of the petitioner or on the land of anyone else under the M.P. Development Fund, the petitioner has got no subsisting grievance, however she be granted liberty to avail such remedies, as are otherwise available under the law in case of any subsisting grievance.

Accordingly, the present writ petition stands disposed off as not pressed, however with liberty to the petitioner to avail such other remedies, as are otherwise available under the law in case of any subsisting grievance.

(Mohit Kumar Shah, J) sonal/S.Sb/- U