Jagdish Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6897 of 2023 ====================================================== Jagdish Paswan Son of Late Chandradip Paswan Resident of VillagePaharpur, P.O.- Anisabad, P.S. Gardanibagh, Ward No. 10, District- Patna Bihar ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Land Reforms Department, Government of Bihar, Patna.

3.

The Principal Secretary, Urban Development Department, Government of Bihar, Patna.

4.

The District Magistrate cum Collector, Patna. 5.

The Municipal commissioner, Patna, Maurya Lok, Patna. 6.

The Sub Divisional Officer, Patna.

7.

The Deputy collector, Land Reforms, Patna.

8.

The Deputy Collector, Nazarat, Patna.

9.

The Circle Officer, Patna.

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

For the Petitioner/s :

Mr. Farooque Ahmad Khan, Adv.

:

Mr. S. Azeem, Adv.

For the Respondent/s :

Mr. Raj Kishore Roy, GP-18.

:

Ms. Prerna Anand, AC to GP-18.

For the PMC :

Mr. Sanjay Prakash Verma, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-09-2023 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Patna Municipal Corporation.

2. The present writ petition has been filed seeking direction to the respondents to pay compensation of the land of petitioner on which construction of road alongwith Nala has been made.

Patna High Court CWJC No.6897 of 2023(2) dt.21-09-2023 2/2

3. Learned counsel for the State and Patna Municipal Corporation jointly submits that without proper measurement of land, it is not possible to ascertain that whether really encroachment has been made on the petitioner's land or not.

4. In this view of the matter, the petitioner is directed to file application for measurement of his land before the Circle Officer, Patna with the cost of measurement. The Circle Officer, Patna is directed to complete the measurement work of the petitioner's land upon calling all the concerned parties within 90 days from the date of appearance of all concerned. If it has been found in the measurement that encroachment has been made then liberty shall be available to the petitioner to take proper legal course in accordance with law.

5. With this observation and direction, the present Writ Petition stands disposed of.

(Dr. Anshuman, J.) Ritik/- U