Binay Sharma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9702 of 2015 ====================================================== Binay Sharma ... ... Petitioner/s

Versus

The State Of Bihar and Ors ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr. Ajay Behari Sinha, G.A.-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 14-07-2025 No one appears on behalf of the petitioner though Mr. Ajay Behari Sinha, learned G.A. 8 is present.

2. The present writ petition has been preferred: for a Direction/Directions to the respondents authority to stop the work of Highway "Dhanarua to Chandhariaq", where under the fertile land of the petitioner and other co-villagers forcibly occupied by the contractor without any prior notice and proper acquisition process and without payment of any compensation of the said land to the petitioner and others.

3. A counter affidavit is there on behalf of the respondent no. 5, the Chief Engineer, Road Construction Department, Patna City and learned State Counsel has taken this Court to paragraph 7 to show that the report issued and sent to the office of the Engineer in Chief vide letter no. 1468 dated

Patna High Court CWJC No.9702 of 2015(4) dt.14-07-2025 2/2 04.08.2018 shows that:

(i) no widening of the road has been done due to non-availability of land;

(ii) there is a single lane road;

(iii) the Raiyati land of the two villagers are part of the road constructed by the Rural Works Department.

4. The counter affidavit was served upon the learned counsel for the petitioner in the year 2019 and there is no rebuttal.

5. However, since there is no appearance, dismissed for non-prosecution.

(Rajiv Roy, J) Vijay Singh/- U