Devendra Kumar Dubey v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15622 of 2015 ====================================================== Devendra Kumar Dubey S/o Late Amla Dubey Resident of Village Batrauliya, P.S. Paharpur, District East Champaran. ... ... Petitioner/s
Versus
1.
The State Of Bihar and Ors 2.
The Deputy Development Commissioner, East Champaran, Motihari. 3.
The Deputy Collector Land Reforms, Areraj, East Champaran. 4.
The Anchaladhikari, Paharpur Anchal, East Champaran. 5.
Block Development Officer, Paharpur Block, East Champaran. 6.
Abdullah Khan S/o Lotan Khan 7.
Sahebjan Khan S/o Bhoju Khan 8.
Aklu Khan S/o Nathuni Khan 9.
Haider Mian S/o Daroga Mian Respondent Nos. 6 to 9 Resident of Village Batrauliya, P.S. and Anchal Paharpur, District East Champaran. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Chandra Verma, Adv.
:
Mr. Abhishek Kumar, Adv.
:
Mr. Hemant Ray, Adv.
For the Respondent/s :
Mr. P.K. Verma, AAG-5.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-08-2023 Heard learned counsel for the petitioner and learned counsel for the State.
2. The present writ petition has been filed seeking direction to the respondents to restrain themselves from construction of village-road on the land of the petitioner measuring about 2 dhur, which is part of 20 decimals under Khata No.8 and Khesra No.915/3 situate in Revenue Village Batrauliua.
3. Learned counsel for the petitioner submits that 20 decimals land of petitioner has been taken by the private respondents on which they are constructing road. He further
Patna High Court CWJC No.15622 of 2015(2) dt.21-08-2023 2/2 submits that petitioner has filed representation before the District Magistrate, East Champaran at Motihari in this regard but till date no action has been taken.
4. Learned counsel for the State submits that the petitioner may be directed to file representation before the District Magistrate-cum-Collector, East Champaran at Motihari.
5. In this view of the matter, the petitioner is directed to file a fresh representation before the District Magistrate, East Champaran at Motihari alongwith the copy of the order passed today within four weeks with all documents relating to the land for which he is claiming compensation and the District Magistrate, East Champaran at Motihari is directed that he upon verification shall pass a reasoned and speaking order and if it has been found that the land belongs to the petitioner, then appropriate direction be made towards payment of compensation to the petitioner within four weeks from the date of filing of representation by the petitioner.
6. With this observation and direction, the present Writ Petition stands disposed off.
(Dr. Anshuman, J.) Ritik/- U