Patna High CourtCWJC/18808/2017disposed

Laxmi Mahto And ANR v. The State Of Bihar And ORS

2018-04-02Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18808 of 2017 ===========================================================

1. Laxmi Mahto Son of Late Gaunar Mahto

2. Devendra Prasad Son of Ram Sundar Mahto Both residents of village - Kona Patti, Lakhnaur, P.S. Lakhnaur, District - Madhubani. .... .... Petitioners

Versus

1. The State of Bihar through the Collector, Madhubani.

2. The Collector, Madhubani.

3. The District Land Acquisition Officer, Madhubani.

4. The Circle Officer, Lakhnaur Circle, District Madhubani.

5. The Chief Medical Officer-cum-Civil Surgeon, Madhubani. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Suraj Narain Yadav For the Respondent/s : Mr. SAJID SALIM KHAN - SC-25 =========================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL JUDGMENT Date: 02-04-2018 Heard both sides.

The case was adjourned twice at the instance of learned counsel for the State for filing counter affidavit but the State failed to file counter affidavit.

Learned counsel for the State submits that he informed the respondents' authorities but nobody turned up. The petitioners have filed this writ petition for a direction to the respondents not to construct referral hospital over the lands of C.S. Khata No.590, C.S. Khesra No.307, Area 2 Bigha 9 katha and 5 dhur, situated at village Lakhnaur, Circle and P.S. Lakhnaur, DistrictMadhubani. The lands belong to the petitioners and his co-sharers and

Patna High Court CWJC No.18808 of 2017 dt.02-04-2018 2/2 without taking any step for acquisition of the aforesaid lands, the authorities respondents started construction of referral hospital. In view of this fact, this writ petition is disposed of with direction to the authority not to construct any referral hospital on the lands of C.S. Khata No.590, C.S. Khesra No.307, Area 2 Bigha 9 katha and 5 dhur of the petitioners. The aforesaid C.S. Plots were numbered in revisional survey Plot No.468, 469, 470, 471, 472, 473, 474, 475, 476 and 477 and they were allotted to the petitioners and other co-sharers.

With this observation, this writ petition is disposed of. (Prabhat Kumar Jha, J) Amit/- AFR/NAFR NAFR CAV DATE NA Uploading Date11.04.2018 Transmission Date NA