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Patna High CourtCWJC/1793/2016dismissed

Arjun Singh v. The State Of Bihar And ORS

2024-01-30Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1793 of 2016 ====================================================== Arjun Singh Son of Late Bahadur Rai, Resident of Village - Mainpura, P.O. - G.P.O., P.S. - Patliputra, District - Patna.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Commissioner - cum - Secretary, Department of Land and Revenue, Govt. of Bihar, Patna.

3.

The District Magistrate, Patna.

4.

The Land Acquisition Officer, Patna.

5.

The Circle Officer, Patna Sadar, Patna.

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

For the Petitioner/s :

Mr.Shri Prakash Srivastava For the Respondent/s :

Mr. D.K. Sinha, AAG-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-01-2024 Heard the parties.

2. The present writ application has been filed for directing the respondent not to interfere with the lands of the petitioner for construction of Water Treatment Plant & Merine Drive (Jai Prakash Path) and other development schemes fo the State Government.

3. In this regard, a counter affidavit has been filed on behalf of the State and from paragraph No.7 of the counter affidavit, it has been categorically stated that the land in question has not been acquired for the purpose of construction of water treatment by office of the District Land Acquisition

Patna High Court CWJC No.1793 of 2016(4) dt.30-01-2024 2/2 Officer, Patna and no such proposal has ever been received with regard to acquisition of such lands for other developments schemes of the State Government. It is further contended that Hon'ble Court vide order dated 07.12.2015 (Annexure-6 of the writ petition) passed in C.W.J.C. No.3117 of 2015 has already disposed of the matter whereby I.A. filed by similarly situated persons have been entertained and they had been given liberty to approach the Civil Court for adjudication of dispute over title.

4. Considering the aforesaid facts and circumstances, this writ application is dismissed with liberty to the petitioner to approach the Civil Court for adjudication of dispute over title, if any.

(Prabhat Kumar Singh, J) sanjeev/- U