Baleshwar Rai v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13008 of 2016 ====================================================== Baleshwar Rai Son of Late Newalk Rai R/o Akhtiyarpur Khajuri, P.S. - Ghatha, District - Samastipur.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Chief Secretary 2.

The Principal Secretary, Land Revenue Department, State of Bihar. 3.

The Commissioner, Darbhanga Division, Darbhanga. 4.

The Collector, Samastipur.

5.

The Land Acquisition Officer, Samastipur.

6.

The Sub-Divisional Officer, Samastipur.

7.

The Circle Officer, Sarairanjan Block, District - Samastipur. 8.

The Headmaster, Govt. Harshit High School Akhtiyarpur Khajoorie P.O. - Akhtiyarpur Khajoorie, District-Samastipur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surendra Kumar Mishra Mr. Amit Kashyap For the State :

Archana Prasad, AC to SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-08-2019 The present writ petition has been filed for directing the respondents not to construct stadium on the private land of the petitioner herein.

The respondents have filed a counter affidavit and have annexed a land acquisition award dated 11.5.2016 wherein as far as the petitioner is concerned, it has been shown that 0.0075 acre land pertaining to Mauza-Bahadurpur Amrauli, Thana No. 316, Halka No. -8 Anchal, Cicle-Sarairanjan, Samastipur has been acquired and a compensation of Rs.

Patna High Court CWJC No.13008 of 2016(3) dt.22-08-2019 2/2 42,599/- has been fixed.

At this juncture, the learned counsel for the petitioner submits that as far as 0.0075 acre of land, as aforesaid, is concerned, the petitioner has got no objection, however, it be directed that apart from the said area of land in question, no other land of the petitioner be touched by the respondents-State. Having regard to the facts and circumstances of the case, the respondents-State is directed not to encroach upon any portion of the private land of the petitioner except the aforesaid 0.0075 acre of land. However, the respondents shall be free to take steps, as deemed fit and proper, in accordance with law, and by taking recourse to appropriate proceedings. The writ petition stands disposed of on the aforesaid directions.

(Mohit Kumar Shah, J) ajay gupta/- U