Bhagwan Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18915 of 2018 ====================================================== Bhagwan Prasad Son of Ram Narayan Prasad Resident of Karman Tola, Arrah Town, P.S. Town Arrah, District Arrah.

... ... Petitioner

Versus

1.

The State Of Bihar through the Principal Secretary, Urban Development Department, Patna.

2.

The District Magistrate, Arrah.

3.

The Chairman, Arrah Municipal Corporation, Arrah. 4.

The Executive Officer, Arrah Municipal Corporation, Arrah. 5.

The Executive Engineer, Arrah Municipal Corporation, Arrah. 6.

The Circle Officer, Arrah.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Brajesh Kumar Singh, Advocate For the Respondent State:

Mr. Kinkar Kumar, ScC- Mr. Yogesh Kumar, AC to SC-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 02-07-2019 It is the petitioner's grievance that Arrah Municipal Corporation, Arrah, have got constructed a P.C.C. road over a piece of land, which belongs to the petitioner. It is his case that the trace map would show that there was no road over the petitioner's land though a private road was constructed by the petitioner for his own use. It is accordingly the petitioner's case that he is entitled for due compensation after acquisition of the said land in accordance with law or release of the said land in his favour.

The petitioner shall be at liberty to approach the Chief Executive Officer, Arrah Municipal Corporation, raising his

Patna High Court CWJC No.18915 of 2018(2) dt.02-07-2019 2/2 grievance, which he has raised. The Chief Executive Officer shall be required to examine the petitioner's claim as to whether the land, upon which the road is said to have been constructed, belongs to the petitioner, which could not have been used for construction of P.C.C. road without undertaking the process of acquisition. If such representation is made within one month from today, the Chief Executive Officer shall be required to take a final decision within three months thereof. This writ application stands disposed of.

(Chakradhari Sharan Singh, J) Pawan/- U