Ramji Prasad @ Ramji Prasad Rai v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10702 of 2015 ====================================================== Ramji Prasad @ Ramji Prasad Rai son of Late Bahadur Rai, resident of village- Jafarabad Tok, P.S.- Raghopur, District- Vaishali, at present resident of- Mohalla Rikabganj, P.S.- Malsalami, Patna City, District- Patna. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Collector, Vaishali, Hajipur, 3.

Deputy Collector Land Reforms, Vaishali, Hajipur, 4.

Anchal Adhikari, Raghopur, District- Vaishali, 5.

District Land Acquisition Officer, Vaishali, Hajipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajendra Narain, Sr. Adv.

Ms.Anju Kumari @ Anju Narain Mr. Umesh Kumar Roy For the Respondent/s :

Mr. N. P. Yadav, SC 23 Mr. Sudhir4 Kumar Singh, AC to SC 23 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-02-2023 Heard learned Counsel for the parties concerned. The petitioner has filed the present writ application for commanding the respondents not to forcibly occupy the petitioner's land, situated in mauza Jafarabad Tok, Raghopur Police Station, in the district of Vaishali, appertaining to Khata No. 147 (old) 536 (new), Khesra Nos. 377, 378, 375 and 376 (old) 2795 and 1784 (new), ad-measuring 21 bighas. Learned Senior Counsel for the petitioner submits that the respondent authorities without acquiring the land of the petitioner has been visiting upon the land of the petitioner and

Patna High Court CWJC No.10702 of 2015(6) dt.01-02-2023 2/2 are taking measurement etc. The petitioner is having bona fide apprehension that the intention of the authorities is to grab the land of the petitioner without following the due process of law. Learned Counsel for the State, referring to the supplementary counter affidavit filed on behalf of the District Land Acquisition Officer, Vaishali, submits that the land owned by the petitioner has not been acquired by the Office of he District Land Acquisition Officer, Vaishali, nor did the respondent received any requisition for acquisition of the land of the petitioner. It has further been stated that no requisition for acquiring the land of village Jafarabad Tok has been received from the Bihar State Road Development Corporation Limited.

In view of the categorical statement made in the supplementary counter affidavit by the State, this writ application is disposed with the observation that if the State wants to acquire the lane of the petitioner in future, the same would be acquired in accordance with law following the due process.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √