Deonandan Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25414 of 2013 ====================================================== Deonandan Singh Son of Late Kulwansh Singh Resident of Village - Rasalpur, P.O. Dadhpi, P.S. Madanpur, District - Aurangabad Bihar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate, Aurangabad 3.

The Sub-Divisional Officer, Aurangabad 4.

The Circle Officer, Deo, District - Aurangabad 5.

The Anchal Amin, Deo, District - Aurangabad 6.

The Officer - Incharge, Madanpur, P.S. Aurangabad ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailesh Kumar Singh, Advocate For the Respondent/s :

Mr.Sanjeet Kumar Singh, AC to AAG-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-07-2023 1.

The present writ petition has been filed seeking the following reliefs:- "(1) (i) For a direction to the respondents authority to stop the construction of the road work in the private land 1.6. on Khata No. 56, 78, 3 and Plot No. 702, 5695, 5696, 5697, 5698 total area of land 15 Katha situated at village-Dhamol which is being done by the Contractor without paying any value of the petitioner's land or without any obtaining his consent.

(ii) Further for direction to the respondents no. 4 to measure the land of the petitioner in his presence after giving notice to him and allow him to keep private Amin in the work of measurement thereafter any

Patna High Court CWJC No.25414 of 2013(4) dt.24-07-2023 2/2 construction of road be done.

(iii) Further for direction to pay the compassion amount to the petitioner by the concern authorities for destroying his agriculture land and loss of crops."

2.

At the outset, the learned counsel for the respondent-State has referred to paragraph no. 13 of the counter affidavit filed in the present case to submit that the construction of the road in question from Kushaha (Dhamoul) to Shewganj is not being done upon the private raiyati land of the petitioner, hence there is no question of making any payment of compensation to the petitioner. 3.

The said fact has not been controverted by the petitioner inasmuch as no rejoinder affidavit has been filed.

4.

In view of the aforesaid, this Court finds that there is no merit in the present writ petition, hence the same stands dismissed.

(Mohit Kumar Shah, J) S.Sb/- U