Ajay Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3946 of 2016 ====================================================== Ajay Kumar Singh S/o Late Rajeshwar Prasad Singh, resident of VillageNokha, P.S.- Nokha, District- Rohtas, Bihar. ... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

The District Magistrate, Rohtas at Sasaram.

3.

The District Panchayati Raj Officer-cum-Development Officer, Rohtas at Sasaram.

4.

The District Development Commissioner, Rohtas at Sasaram. 5.

The Block Development Officer, Nokha.

6.

The Circle Officer, Nokha.

7.

The Chairman, Nagar Panchayat, Nokha.

8.

The Executive Officer, Nagar Panchayat, Nokha. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sandip Singh For the Respondent/s :

Mr.Gautam Bose- Aag8 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-05-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Learned counsel for the petitioner submits that the petitioner has filed the writ application raising the grievance that the authorities, without acquisition of land and payment of compensation in terms of 2013 Rules, have constructed the road over the private land of the petitioner.

Learned counsel appearing on behalf of respondents submits that realizing the fact that the land was a private land the respondents have restored the possession of the petitioner

Patna High Court CWJC No.3946 of 2016(3) dt.06-05-2019 2/2 over their private land.

Considering the aforesaid, the present writ application is disposed of with a direction to the District Magistrate, Rohtas at Sasaram to cause and enquiry and on verification and after determination and demarcation of petitioners land if it is found that the road was constructed over the land of the petitioners, the District Magistrate, Rohtas at Sasaram shall be under obligation either to direct removal of the construction made over the land of the petitioner or to take steps for payment of compensation for the use of land of the petitioners.

Necessary decision either for payment of compensation in terms of 2013 Rules or removal of unauthorized construction made over the private land of the petitioners be taken within a maximum period of four months from the date of receipt/production of a copy of this order. With the aforesaid, the present application stands disposed of.

(Anil Kumar Upadhyay, J) mdrashid/- U