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Patna High CourtCWJC/6918/2019disposed

Manna Prasad Singh v. The State Of Bihar

2019-04-12Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6918 of 2019 ====================================================== Manna Prasad Singh, Son of Late Chhedi Prasad Singh, Resident of VillageBela, Post-Chiriyanwan, P.S.-Atri, District-Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna 2.

The Commissioner, Magadh Division, Gaya.

3.

The District Magistrate, Gaya 4.

The Sub-Divisional Officer, Neemchak, Bathani, Gaya 5.

The Circle Officer, Wazirganj, Gaya 6.

The Circle officer, Neemchak Bathani, Gaya 7.

The Engineer-in-Chief, Rural Works Department, Government of Bihar, Patna 8.

The Superintending Engineer, Rural Works Department, Works Division, Gaya 9.

The Executive Engineer, Rural Works Deartment, Works Division, Gaya 10.

The Assistant Engineer, Rural Works Department, Works Division,Gaya. 11.

The Station House Officer, Wazirganj Police Station, Gaya 12.

M/s Babban Construction, through the Proprietor Babban Singh Resident of Bhoilpur, P.S.-Manpur, District-gaya ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Niranjan Kumar For the Respondent/s :

Ms. Prakriti Sharma, AC to SC 25 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 12-04-2019 Heard learned Counsel for the parties concerned. The petitioner has a grievance that a pucca road has been constructed over his raiyati land without his consent and without carrying out any process of land acquisition in accordance with law after payment of compensation.

Patna High Court CWJC No.6918 of 2019(2) dt.12-04-2019 2/3 It seems that the petitioner had approached the authorities under the Bihar Public Grievance Redressal Act, 2015 (in short, 'the Act').

My attention has been drawn to Annexure-11 to the writ application, which is order, dated 10.07.2017, passed by the Secretary -cum- 2nd Appellate Authority under the Act. The Secretary -cum- 2nd Appellate Authority, after having heard the petitioner and the respondents, has issued specific directions. The Executive Engineer has been directed to complete the work of road construction till the stage up to which Government land is available. In respect of the petitioner, it has been specifically ordered that if the petitioner refuses to donate the land, the status quo ante must be restored.

Learned Counsel for the petitioner has submitted that the petitioner is not ready to donate the land for construction of road.

In view of the stand taken on behalf of the petitioner, this application is disposed of with a direction to the Executive Engineer, Rural Works Department, Works Division, Gaya, to carry out the order of the Secretary -cum- 2nd Appellate Authority, dated 10.07.2017, without any further loss of time, if the same has not been complied with.

Patna High Court CWJC No.6918 of 2019(2) dt.12-04-2019 3/3 It is stated on behalf of the petitioner that because of the illegal construction made on the petitioner's raiyati land, the petitioner has suffered huge monetary loss.

The petitioner shall be at liberty to approach civil court of competent jurisdiction raising his claim in this regard. (Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √