Ram Krishna Sao v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3956 of 2016 ====================================================== Ram Krishna Sao Son of Late Lakhan Sao, Resident of Village- Gangapur, P.S.- Hulasganj, District- Jehanabad Bihar.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Chief Secretary, Old Secretariat, Bihar, Patna.

2.

The Principal Secretary, Department of Rural Development, Govt. of Bihar, Patna.

3.

The Engineer in Chief Rural Development Department, Bihar, Patna. 4.

The Executive Engineer, Rural Work Division, Hilsa, Nalanda. 5.

The District Magistrate, Nalanda.

6.

The Circle Officer, Islampur, Nalanda.

7.

The Block Development Officer, Islampur, Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Tiwary, Advocate For the State :

Mr. Raghwanand, GA-11 Mr. Rajnish Shandilya, AC to GA-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-09-2024 The present writ petition has been filed seeking the following relief:- "(i) For issuance of a direction to the respondent to remove the encroachment made by way of making construction of road from Khudaganj Hulasganj, main Road to village Chamargangati under Mukhya Mantri Sadak Yojana over C.S. Plot No.934, 938, Khata No.193, Thana No.115, situated at Mauza- Gongajati Gangapur, P.S.-Islampur, District-Patna, now Nalanda, which is the ancestral property of the petitioner, without obtaining consent or acquiring the same after adopting process

Patna High Court CWJC No.3956 of 2016(3) dt.26-09-2024 2/2 provided under the Land Acquisition Act.

(ii) For issuance of a direction to the respondent to stay the construction work over the above mentioned Ancestral land of the petitioner under Mukhya Mantri Sadak Yojana from Khudaganj,-Hulasganj, Main Road to village Chamargangati till disposal of this writ petition." 2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the District Magistrate, Nalanda at Biharsharif for redressal of his aforesaid grievances. Liberty, so sought, is granted.

3.

It is needless to state that in case appropriate representation is filed by the petitioner, within a period of two weeks from today, the District Magistrate, Nalanda at Biharsharif shall dispose off the same by passing a reasoned and a speaking order, in accordance with law, within a period of six weeks, thereafter.

4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) kanchan/- U