Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4088 of 2020 ====================================================== 1.

Suraj Kumar S/o Anil Kumar Resident of Village- Ayodhya Bhawan Safapur Mirzapur Banduar Begusarai, P.S. Nayagaon, District- Begusarai. 2.

Babita Kumari W/o Suraj Kumar Resident of Village- Ayodhya Bhawan Safapur Mirzapur Banduar Begusarai, P.S. Nayagaon, District- Begusarai. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary Urban Development Department, Govt. of Bihar, Patna.

2.

The Secretary, Bihar Urban Infrastructure Development Corporation Limited, Govt. of Bihar, Patna.

3.

The Chief Engineer, Bihar Urban Development Corporation Limited, Govt. of Bihar, Patna.

4.

The Executive Engineer, Bihar Urban Development Corporation Limited, Begusarai.

5.

The District Magistrate, Begusarai.

6.

The Circle Officer, Barauni, District- Begusarai. 7.

The Sub-Divisional Officer, Begusarai.

8.

The S.H.O. Town P.S. Begusarai.

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

For the Petitioner/s :

Mr. Pankaj Kumar Singh, Advocate For the Respondent/s :

Mr. Abbas Haider (SC-6) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-06-2024 Heard the parties.

2. Though, learned counsel for the petitioners, Mr. Pankaj Kumar Singh is without any file but the State Counsel, Mr. Rabindra Kumar Priyadarshi assisted before the Court.

3. This order be read in continuation of the order

Patna High Court CWJC No.4088 of 2020(7) dt.19-06-2024 2/3 dated 11.03.2024.

4. A supplementary counter affidavit on behalf of respondent nos. 1, 5 to 8 has been filed and paragraph 5 read as follows:-

5. That the Anchal Amin measured the Raiyati land of the petitioners in their presence on 04.03.2024. After measurement, he prepared Report, wherein he reported that Five Dhoors land of the petitioner no.1 is used into the Sarak and there is Road over Seven Dhoors Ten Dhoorki land of the petitioner No.2. The present Sarak is old Sarak which was constructed earlier.

5. In view of the fact that the respondent themselves have accepted that certain piece of land has been taken for the construction, appropriate legal recourse has to be taken to compensate.

6. In that background, the petitioners will be filing appropriate petition along with documents before the respondent no.5 (The Collector, Begusarai) within a period of four weeks from today and if the same is filed, the same shall be taken to its logical conclusion in next four months.

Patna High Court CWJC No.4088 of 2020(7) dt.19-06-2024 3/3

7. Needless to say that the consequential benefits has to follow thereafter.

(Rajiv Roy, J) Guddu/- U