Abhay Kumar And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1601 of 2017 ====================================================== 1.

Abhay Kumar Son of Late Narendra Prasad Singh 2.

Amit Kumar Son of Late Brij Nandan Sharma both are residents of village Sachai, P.S. Kurtha, District Arwal.

3.

Ram Eqbal Singh Son of Rajendra Singh resident of village Kurtha Dih, Tola Rana Nagar, P.S. Kurtha, District Arwal. ... ... Petitioner/s

Versus

1.

The State Of Bihar through Secretary, Rural Works Department, Government of Bihar, Patna.s 2.

District Magistrate, Arwal.

3.

District Development Commissioner, Arwal.

4.

Sub-Divisional Magistrate, Arwal, District Arwal. 5.

Anchal Adhikari, Kurtha Anchal, District Arwal. 6.

Executive Engineer, Rural Works Department, Works Division, Arwal. 7.

Assistant Engineer, Rural Works Department, Arwal. 8.

Junior Engineer, Rural Works Department, Arwal. 9.

M/S Systematic Construction through its proprietor Pankaj Kumar S/o Ajay Kumar Triveni Niwas, Flat No. - 101 , Rajendra Nagar, R.K. Avenue, P.S. Kadam Kuan, Distt - Patna - 16.

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

For the Petitioner/s :

Mr.Jitendra Prasad Singh, Advocate Ms.Sripriya Sinha, Advocate For the Respondent/s :

Mr.Kumar Alok- Sc7 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-12-2024

1. The present writ petition has been filed for directing the respondent-authorities not to encroach the raiyati land of the petitioners, for the purposes of constructing the road in question, details whereof have been mentioned in paragraph no.4 of the present writ petition, which is reproduced hereinbelow:- "That, the present dispute relates to the land of petitioner no.1 bearing Khata No.197, Plot No.1666 and 1670, situated at Village-Sachai and

Patna High Court CWJC No.1601 of 2017(2) dt.05-12-2024 2/2 Khata No.10, Plot No.4, situated at VillageBalbhadrapur, land of the petitioner no.2, bearing Khata No.1, Plot No.11, Khata No.2, Plot No.10, situated at Village-Balbhadrapur and land of the petitioner no.3, bearing Khata No.48, Plot No.85 and 119, situated at Village-Harpur, DistrictArwal."

2. At the outset, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to approach the District Magistrate, Arwal for redressal of their aforesaid grievances. Liberty so sought is granted.

3. It is needless to state that in case appropriate petition is filed within a period of four weeks from today, the District Magistrate, Arwal shall consider the same, in accordance with law and pass a reasoned and a speaking order, within a period of six weeks, thereafter.

4. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Saurav/- U