Ramchandra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5068 of 2020 ====================================================== Ramchandra Mahto Son of Late Dukharan Mahto Resident of VillageKhanpur, P.S.- Khanpur, District- Samastipur. ... ... Petitioner

Versus

1.

The State of Bihar District Magistrate, Samastipur. 2.

The District Magistrate, Samastipur.

3.

The District Panchayat Raj Officer, Samastipur. 4.

The Block Development Officer, Khanpur Block, District Samastipur. 5.

The Circle Officer, Khanpur Block, District- Samastipur. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Kumar, Advocate For the Respondent/s :

Md. Khurshid Alam (Aag12) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-10-2023 Heard learned counsel for the parties.

2. This writ application has been filed for the following reliefs:

"(i) to stop the authority from illegally using the petitioners privately owned land without any permission in the public road, which is been constructed under gram panchayat scheme.

(ii) to return the land, which have already been used for the construction of the road in the nature and physical form as before it was.

(iii) to pay compensation of wrongful taking over the land and mental physical and economic agony arising out of the illegal action of the authorities."

3. It is the contention of the petitioner that he has filed

Patna High Court CWJC No.5068 of 2020(2) dt.30-10-2023 2/2 representations vide Annexures 2, 3 & 4 before the respondent authorities regarding illegal construction over the land in question but till date no action has been taken.

4. Considering the prayer made by the petitioner, this writ application is disposed of with a direction to the petitioner to file afresh representation before respondent No. 2/District Magistrate, Samastipur within a period of six weeks from today.

5. Needless to state that if such representation is filed by the petitioner within six weeks from today, the same shall be disposed of by the concerned respondent authority in accordance with law after hearing the parties, preferably within a period of six months from the date of production/receipt of copy of this order.

6. Writ petition stands disposed of with the aforesaid directions.

(Prabhat Kumar Singh, J) Navya/- U