Arvind Kumar Singh And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17515 of 2016 ====================================================== 1.

Arvind Kumar Singh 2.

Santosh Kumar Singh 3.

Ram Khelawan Singh S/o Late Harihar Singh, Both 1 and 2 sons of Ram Khelawan Singh, All residents of village - P.O. - IIra, P.S. - Cherki, District - Gaya.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate, Gaya.

3.

District Land Acquisition Officer, Gaya.

4.

Executive Engineer, Road Construction Department, Road Division No. Gaya.

5.

Circle Officer, Bodh Gaya.

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

For the Petitioner/s :

Mr. Arbind Kumar Singh, Advocate :

Mr. Aditya Singh, Advocate For the Respondent/s :

Mr. Manoj Kr. Ambastha, SC-26 :

Mr. Subodh Kumar, AC to SC-26 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 04-08-2025 Heard Mr. Aditya Singh, learned counsel for the petitioner and learned counsel representing the State.

2. The present petition has been preferred for the grant of following relief(s):

"for issuance of an appropriate writ/order/direction commanding respondent authorities to remove the unauthorized construction of Road upon the private land of

Patna High Court CWJC No.17515 of 2016(2) dt.04-08-2025 2/3 petitioner from an area of 20.21 dec. of land in plot no. 337 appertaining to khata no. 169 of village Ilra, in the district of Gaya or alternatively for grant of compensation in favour to petitioner no.1, after starting a land acquisition proceeding with respect to afore said land under the provisions of land acquisition Act, and for grant of any other suitable relief/reliefs for which petitioner is found entitled in the eye of law."

3. A counter affidavit has come on behalf of the respondent no.4, the Executive Engineer, Road Construction Department, Road Division-1 Gaya according to which for long, a road was there, constructed by the Rural Works Department, in the year 2016, it was handed over to them as liability free but now the petitioner is raising petition.

4. This counter affidavit was filed in the year 2017 with service of copy to the learned counsel for the petitioner and there is not rebuttal to it.

5. In that background, learned counsel for the petitioner submits that he may be granted liberty to approach appropriate authority/respondents for redressal of the grievance.

Patna High Court CWJC No.17515 of 2016(2) dt.04-08-2025 3/3

6. Granting said liberty and without commenting on the merit of the case, the writ petition stands disposed of. (Rajiv Roy, J) vinayak/- U