Rajnish Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7191 of 2020 ====================================================== Rajnish Singh Son of Sri Shankar Singh, Resident of Village- Walipur, P.S.- Piparia, District-Lakhisarai.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate, Lakhisarai.

3.

The Deputy Collector Land Reform, Lakhisarai. 4.

The Circle Officer, Piparia Circle, Lakhisarai. 5.

Regional Engineering Organization, Work Division-1, Lakhisarai, through its Executive Engineer.

6.

Executive Engineer, Local Area Engineering Organization Work Division-1, Lakhisarai.

7.

Janardan Singh, Son of Late Kedar Singh, Resident of Village- Walipur, P.S.- Pipariya, District-Lakhisarai.

8.

Lal Mohan Singh, Son of Late Lekha Singh, Resident of Village-W alipur, P.S.-Pipariya, District- Lakhisarai.

9.

Satish Singh, Son of Naresh Singh, Resident of Village- Walipur, P.S.- Pipariya, District-Lakhisarai.

10.

Mantu Singh, Son of Bhola Singh, Resident of Village- Walipur, P.S.- Pipariya, District-Lakhisarai.

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

For the Petitioner/s :

Mr. D.K.Sinha, Sr. Adv. with Mr.Abhinay Raj Adv.

For the Respondent/s :

Mr. Sajid Salim Khan SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 07-09-2020 As of now, the Courts have not resumed normal physical hearing. The matter has been listed today for consideration through Video Conferencing.

Learned counsel are appearing and making submissions from their residence. The Court master and Secretary are also part of this virtual Court proceedings with

Patna High Court CWJC No.7191 of 2020(2) dt.07-09-2020 2/2 the aid of audio visual technology.

Learned Sr. counsel representing the petitioner submits that on his survey plot numbers, the Authorities are proposing to carrying out certain Schemes under the Chief Minister Development Programme. The matter was looked into by the Collector and under order dated 28.02.2020, the petitioner's claim has been rejected. The same gives rise to disputed question of fact being raised by the petitioner asserting his right title and interest over the plots in-question, namely plot numbers, 3278 and 3279. The collector, on the order, on the other hand, has found that the petitioner has no such right title and interest over the land in-question. In view of the disputed question of fact arising for consideration which can only be determined after going through the various documents and evidence in this regard, this Court would dispose off the writ petition with liberty to the petitioner to assert his right, title and interest over the plots in-question in the appropriate proceedings in accordance with law. (Madhuresh Prasad, J) shyambihari/- U