Kanchan Shrivastava v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5032 of 2015 ====================================================== Kanchan Shrivastava, W/o Keshav Kumar Shrivastava, resident of Mohalla- - Kayasth Tola, Ward No.-29, P.S.- Saharsa, Distt.- Saharsa. .... .... Petitioner

Versus

1. The State of Bihar.

2. The Principal Secretary, Land Reforms Deptt., Govt. of Bihar.

3. The Principal Secreatry, Urban Development & Housing Deptt., Govt. of Bihar, Patna.

4. The Joint Secretary-cum-Director, Urban Development & Housing Deptt., Govt. of Bihar, Patna.

5. The District Magistrate, Saharsa.

6. The Deputy Collector, Land Reforms, Saharasa.

7. The Executive Officer, Nagar Parishad, Saharsa.

8. The Circle Officer, Kahara, Distt.- Saharsa.

9. The Officer-in-Charge, Sadar Police Station, Saharsa.

10. Roshan Khatoon, W/o Md. Lal.

11. Bibi Zahina Khatoon, W/o Md. Zarim.

12. Zarina Khatoon, W/o Md. Haider

13. Afsana Khatoon, W/o Md. Mairaj

14. Sairun Nisha, W/o Md. Mumtaz

15. Zubaida Khatoon, W/o Md. Wakil

16. Bibi Munni Khatoon, W/o Md. Kasim

17. Bibi Gulshan, W/o Md. Adalat

18. Afsana Khatoon, W/o Md Guljar All are residents of Purab Bazar, Ward No.19, P.S.-Saharsa, Distt.-Saharsa.

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

For the Petitioner : M/s. Sunil Kumar Verma, Pramod Kumar Prasad and Krishna Prasad, Advocates For the State : Mr. Kumar Pankaj, A.C. to S.C.21 ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 06-07-2015 In view of limited prayer made at the time of hearing, this writ application is being disposed of directing the Executive Officer, Nagar Parishad, Saharsa to take a decision upon the objection raised by the petitioner on its own merit and in

Patna High Court CWJC No.5032 of 2015 (2) dt.06-07-2015 2/2 accordance with law as to whether his raiyati land or purchased land is being utilized under some government scheme without its proper acquisition in accordance with law or not. It appears from Annexure-B appended with the counter affidavit that he has already stayed the construction and has directed the Circle Officer to submit a report in this regard. Let the Circle Officer submit his report to the Nagar Parishad within a period of two weeks from the date of receipt/production of a copy of this order. Thereafter, the Executive Officer, Nagar Parishad, Saharsa would also be required to take a decision on its own merit and in accordance with law within a period of four weeks from the date of receipt of the report by the Circle Officer.

Let the State take steps for immediate communication of this order to the Executive Officer, Nagar Parishad, Saharsa through the District Administration. (Dr. Ravi Ranjan, J) N.H./- U