Madan Prasad Ray And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21327 of 2014 ====================================================== 1.

Madan Prasad Ray 2.

Awadesh Kumar Ray. Both sons of Late Mani Shankar Prasad Ray. 3.

Pramod Sharma son of Late Inder Sharma, All Resident of Village Vilashpur P.S Ram Nagar District East Champaran.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Secretary Building Construction Department Govt. of Bihar, Patna. 3.

The Collector, West Champaran at Bettiah.

4.

The Superintendent of Police, West Champaran at Bettiah. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajan, Advocate For the Respondent/s :

Mr.K.K. Singh, AC to GP-22 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 30-06-2025 Heard the parties.

2.The present petition has been preferred for the following relief/s:

(i) for a direction to the respondents not to construct any Government Building on the land of the petitioners without adopting due process of law and not to remove/cut any tree from the land of the petitioners.

3. The writ petition was filed in the year 2014 after service of copy to the office of learned Advocate General, Bihar, Patna on 05.12.2014 and 11 years later, when the matter has

Patna High Court CWJC No.21327 of 2014(3) dt.30-06-2025 2/2 been taken, no counter affidavit is on record.

4. This Court has two options: either to impose cost upon the State while allowing them to file reply and/or the second option is to dispose it of directing the petitioner to approach the appropriate authority.

5. The Court chooses the second option.

6. The claim of the petitioners is that on their private land, the respondents have constructed building, in that background, he is duty bound to approach the Collector, Collector, West Champaran at Bettiah in eight weeks with all relevant documents and if such petition is filed, the same shall be taken to its logical conclusion in next six months after putting all the necessary parties on notice.

7. The writ petition is disposed of with the aforesaid observation.

(Rajiv Roy, J) Ravi/- U