Sridhar Narain Choubey v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14886 of 2018 ====================================================== Sridhar Narain Choubey, S/o Late Rangnath Choubey, R/o Village P.O. Babhnaul, P.S. Dawath, District Rohtas.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

District Magistrate, Rohtas.

3.

Deputy Development Commissioner, Rohtas.

4.

S.D.O. Bikramganj, Dist. Rohtas.

5.

Block Development Officer, Dawath Block, Dist. Rohtas. 6.

Circle Officer, Dawath Block, Dist. Rohtas.

7.

Manrega Officer, Dawath Block, Dist. Rohtas.

8.

Mukhia, Gram Panchayat Raj Babhnaual, P.S. Bikramganj, Dist. Rohtas. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rewti Kant Raman, Advocate For the Respondent/s :

Mr. Subash Chandra Yadav, G.P-15 Mr. Dhurjati Kumar Prasad, G.P-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 14-02-2023 The petitioner being aggrieved by construction of a road over plot no. 1688 measuring an area of 28 decimal which is recorded as Karha Anabad Sarbsadharan in village Babhnaul, P.S. Dawath, District- Rohtas, has filed the instant application for the following relief(s):

"That this application is for issuance of a writ / order / directions to the respondents not to construct Road over Plot no. 1688 area 28 dec. appertaining to Khata no. 1094 of Village + P.O. Babhnaul, P.S.Dawath, P.S. no. 398 District Rohtas ignoring the claim of the petitioner and other residents of Village as through

Patna High Court CWJC No.14886 of 2018(2) dt.14-02-2023 2/2 said plot water reaches to the nearby plots and is being used as channel much before preparation of C.S. Khatian as not a single inch of the aforesaid plot has been acquired by the State of Bihar till date." In the opinion of this Court, the nature of prayer made in the instant application is in the nature of a Public Interest Litigation.

After some argument, learned counsel for the petitioner prays for withdrawal of the instant application to move appropriate petition/representation/application before the appropriate authority/forum/Court for the relief prayed for herein.

The application stands disposed of with the aforesaid liberty.

(Partha Sarthy, J) Avinash/- U