Shesnath Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16816 of 2014 =========================================================== Shesnath Singh son of Uma Shankar Singh, resident of village AND P.O.- Bhadwar, P.S. Began Gola, District- Buxar .... .... Petitioner

Versus

1. The State of Bihar 1(A) The Principal Secretary, Rural Work Department, Patna

2. The Deputy Development Commissioner, Buxar 2(A) The District Magistrate, Buxar

3. The District Land Acquisition Officer, Buxar

4. Executive Engineer, Rural Development Works Division, Dumraon, Buxar

5. Sub Divisional Officer, Dumraon, Buxar

6. Circle Officer, Barhampur, District- Buxar .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Mohit Srtivastava, Mr. Vijay Kumar, Advocates For the State : Mr. Madhuresh Prasad, G.P. 12 =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 27-11-2015 Heard the parties.

As prayed, petitioner is permitted to implead the Principal Secretary, Rural Works Department and the District Magistrate, Buxar as respondent nos. 1(A) and 2(A). Grievance of the petitioner is that 0.08 acre of land of the petitioner of khesra no. 335 appertaining to khata no. 207, thana

Patna High Court CWJC No.16816 of 2014 dt.27-11-2015 2 / 3 no.296 of has been utilized in the construction of the road by the Rural Works Department. It is contended that despite several representations given including the District Magistrate, Buxar, nothing has been done. It is well settled that the land of a person cannot be utilized for making any construction by the State Government or its authorities in any manner without either its acquisition after payment of compensation in accordance with law or unless he gives consent for that.

In above view of the matter, this writ application is being disposed of with a direction to the petitioner to file a fresh representation before the District Magistrate, Buxar making out of his claim along with necessary documents in support thereof. On such representation having been filed, let the District Magistrate examine the matter and if he comes to the conclusion that the petitioner's land has been utilized in construction of the road then he should immediately refer the matter to the Principal Secretary, Rural Works Department who, in his turn, would either take step for its acquisition and payment of compensation to the petitioner or would direct the Department to remove the construction from the part of the road which has been constructed upon the petitioner's land. However, if the Collector comes to the conclusion that the road has not been constructed upon the land of the petitioner then a reasoned order

Patna High Court CWJC No.16816 of 2014 dt.27-11-2015 3 / 3 would be required to be passed by him, which should be immediately communicated to the petitioner. It is expected that the whole exercise would be concluded within three months from the date of filing of such representation by the petitioner along with a copy of this order. (Dr. Ravi Ranjan, J) Sanjay-II/- U