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Patna High CourtCWJC/12591/2015disposed

Ranju Devi v. The State Of Bihar And ORS

2019-01-17Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12591 of 2015 ====================================================== Ranju Devi, D/o Late Jamun Sah, resident of Mallah Patti Dharmshala Road Thakurganj, Ward No. 8, P.S. Thakurganj, District-Kishanganj. ... ... Petitioner

Versus

1. The State of Bihar

2. The Collector-cum-District Magistrate, Kishanganj.

3. The Deputy Director Land Reforms, Kishanganj.

4. The Sub Divisional Officer, Kishanganj.

5. The Circle Officer, Thakurganj, District-Kishanganj.

6. The Chief Executive Officer, Thakurganj Nagar Panchayat, Thakurganj, District-Kishanganj.

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

For the Petitioner/s :

Mr.Bhola Prasad, Adv.

Mr. Mukesh Kumar Jha, Adv.

For the State : Mr. Kinkar Kumar, Adv. SC-9 Mr. Yogesh Kumar, AC to SC-9 For the Respondent No. 6 :

Mr. Nityanand Mishra, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-01-2019 Heard learned counsel for the petitioner and the State. Following is the relief, sought for by the petitioner in the present writ application:

"For issuance of an appropriate writ, order or direction directing the respondent concerned to remove the encroachment from the land of the petitioner bearing Khata No.

330, Khesera No. 4189 situated in ward No.

8 of Thakurganj Nagar Panchayat, Circle Thakurganj, District-Kishanganj over which, 3.5 wide and 46 feet long road has been illegally constructed by the Thakurganj Nagar Panchayat in spite of objection of the petitioner".

It is submitted on behalf of the petitioner that the above-referred land, in question belongs to the petitioner and on

Patna High Court CWJC No.12591 of 2015(3) dt.17-01-2019 2/2 the said land, a road has been constructed by the Nagar Panchayat (respondent No. 6) without acquiring the land in question. No compensation has yet been paid to the petitioner in lieu of the land, in question.

Considering the above-said submission, the petitioner is directed to file a representation before the Collector-cumDistrict Magistrate, Kishanganj (respondent No. 2) within a period of 30 days from today. The respondent No. 2 shall examine the grievance of the petitioner and pass appropriate order in accordance with law within a period of three months from the date of filing of such representation. With the aforesaid observation/direction, this writ application stands disposed of.

(Sudhir Singh, J) A.K.V.//- U