Bijendra Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2644 of 2019 ====================================================== Bijendra kumar Singh Son of Late Bhrigunath Singh Resident of Near Bharat Gas, Tarwara, P.S. Tarwara, District- Siwan.

... ... Petitioner/s

Versus

1. The State of Bihar through the Rural Works Department, Government of Bihar, Patna.

2. The Engineer-in- Chief, Rural Works Department, Government of Bihar, Patna.

3. The Commissioner, Saran Division Saran.

4. The District Magistrate, Siwan.

5. The Executive Engineer, Siwan Division, Rural Works Division, Siwan.

6. The Circle Officer, Pachrukhi.

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

For the Petitioner/s :

Mr. Ranjeet Kumar For the Respondent/s :

Mr. P.N. Shahi (AAG-6) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-02-2019 Following is the relief, which the petitioner is seeking:- "i. For a direction upon the respondents authorities to remove the illegal over bridge (Pul) constructed upon the petitioner's ancestral land appertaining to Khata No. 56, Survey No. 3431, Area 013-14 Dhur and Survey No. 3428, Area 07-0 dhur total measuring around 7 Katha land situated at Village - Tarwara, Block - Choudhrypatti, Panchrukhi, DistrictSiwan without obtaining consent oral or in writing of the petitioner or without acquisition of the land and further to hand

Patna High Court CWJC No.2644 of 2019(2) dt.13-02-2019 2/3 over the land in its actual position.

ii. The petitioner further prays that the respondent authorities be directed to vacate the petitioner land, which has already been utilized for construction of aforementioned over bridge and further restore its original position by filling the same with earth.

iii. Alternatively, the respondent authorities to pay the adequate compensation to the petitioner at the market rate for the aforementioned land utilized for construction of aforementioned bridge after acquiring the same terms of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013."

It is the petitioner's grievance that without any process of acquisition of land, his private land is being used for public purpose.

The petitioner has a remedy under the Bihar Right to Public Grievance Redressal Act, 2015 (hereinafter referred to as 'the Act'), by making appropriate application alleging violation of any law before the Public Grievance Redressal Officer. If he does so, his application shall be decided in accordance with the

Patna High Court CWJC No.2644 of 2019(2) dt.13-02-2019 3/3 procedure prescribed under the Act. With this observation this application stands disposed of.

(Chakradhari Sharan Singh, J) Ashish/- U