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Patna High CourtCWJC/17787/2015disposed

Vijay Kant Sharma v. The State Of Bihar And ORS

2025-01-09Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17787 of 2015 ====================================================== Vijay Kant Sharma, S/o Late Shri Kant Lal Thakur, R/o Malsalami, P.S.- Main Road, Ashok Rajpath, Patna City, District- Patna. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate, Khagadia.

3.

The Deputy Development Commissioner, Khagaria. 4.

The Land Acquisition Officer, Khagaria.

5.

Project Director, IRCON India Ltd., 1st Floor, Sone Bhawan, Daroga Prasad Rai Path, Patna- 800001.

6.

Executive Engineer, IRCON India Ltd., 1st Floor, Sone Bhawan, Daroga Prasad Rai Path, Patna- 800001 7.

Sub Divisional Officer, Khagaria.

8.

Circle Officer, Khagaria.

9.

Public Works Department, Khagaria.

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

For the Petitioner/s :

Mr. Vishal Saurabh, Advocate For the IRCON :

Mr. Siddhartha Prasad, Advocate For the State :

Mr. Sudhir Kumar Upadhyay, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 09-01-2025 The petitioner has filed this writ petition for the following reliefs:

(i). It be declared that the acts of official respondents are arbitrary, malafide, vindictive and against the well settled principal of law.

(ii). It be declared that the official respondents have no power to take forcible possession of the purchased land of the petitioner and destroy/damage to potentiality of the lands of the petitioners.

(iii). It be further declared that the official respondents are duty bound to pay compensation

Patna High Court CWJC No.17787 of 2015(6) dt.09-01-2025 2/2 towards damage caused or to restore the physical feature of the land of the petitioner.

(iv) It be declared that petitioner is entitled to get 2 lakh towards damages caused due to illegal cutting of soil from the private land of the petitioner and further for construction of public road upon land of the petitioner without any acquisition proceeding.

2. Learned counsel for the petitioner submits that this writ petition may be disposed of with liberty to the petitioner to file a detailed representation for redressal of his grievances before the concerned authority.

3. Learned counsel for the State have no objection to this prayer of the petitioner.

4. In view of the submission of learned counsel for the petitioner, this writ petition is disposed of with liberty to the petitioner, as prayed for.

(Sunil Dutta Mishra, J) khushbu/- U