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Patna High CourtCWJC/6571/2017disposed

Yashwant Kumar Gupta v. The State Of Bihar And ORS

2019-04-29Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6571 of 2017 ====================================================== Yashwant Kumar Gupta Son of Sri Anand Murti Sao, resident of VillageBhatauli, Police Station- Nawanagar in the district of Buxar. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

3.

The District Magistrate-cum-Collector, Buxar. 4.

The Sub-Divisional Magistrate, Dumraon in the District of Buxar. 5.

The Circle Officer, Nawanagar in the district of Buxar. 6.

The Executive Engineer, Rural Works Department, Buxar. 7.

The Assistant Engineer, Rural works Department, Nawanagar in the District of Buxar.

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

For the Petitioner/s :

Mr.Sunil Kumar For the Respondent/s :

Mr.Raj Kishore Roy-Gp18 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 29-04-2019 The grievance of the petitioner in the instant case s utilization of his private land without compensation. If the land belongs to the petitioner, the petitioner is entitled to payment of compensation for its use. The aforesaid issued requires factual enquiry and for the purpose it would be appropriate that petitioner may approach the District Magistrate, Buxar who shall cause an enquiry into the claim of the petitioner and record finding whether the land in question belongs to the petitioner or public land. In the event he come to the conclusion that petitioner's Raiyati land has been used for construction of

Patna High Court CWJC No.6571 of 2017(3) dt.29-04-2019 2/2 road he shall ensure payment of compensation for use of private land of the petitioner.

Necessary decision in this regard may be taken by the Collector, Buxar within a maximum period of sixty days after general election.

The petitioner is granted liberty to enclose all the relevant documents to demonstrate that the land in question is his Raiyati land.

With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U