Manju Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17973 of 2017 ====================================================== Manju Devi wife of Shastri Pandey, resident of Village Kausar, P.S. Raghunathpur, District -Siwan.

... ... Petitioner/s

Versus

1. The State Of Bihar through the Secretary, Rural Works Department, Bihar, Patna.

2. The Secretary, Rural Works Department, Govt. of Bihar, Patna.

3. The Engineer-in-Chief, Rural Works Department, Govt. of Bihar, Patna.

4. The Joint Secretary-cum- Additional Chief Executive Officer, Rural Works Department, Govt. of Bihar, Patna.

5. The Collector, District- Siwan.

6. The Block Development Officer, Raghunathpur, Siwan.

7. The Circle Officer, Raghunathpur, Siwan.

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

For the Petitioner/s :

Mr.Ashok Kumar For the Respondent/s :

Mr.P.N. Shahi -Aag-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 08-08-2019 The present writ petition has been filed for directing the respondents to stop construction of village road under Mukhya Mantri Gramin Sadak Yojna over the private land of the petitioner situated at Mauza Kausar bearing Khata no. 150, survey no. 2940, 2942, 2943 and 2945, P.S. Raghunathpur, District Siwan.

The learned counsel for the petitioner has annexed a report of the Amin, Circle Office Raghunathpur, District- Siwan dated 26.09.2017, which is in his favour.

Per contra, the learned counsel for the respondents has filed a report of the Amin, Circle Office Raghunathpur,

Patna High Court CWJC No.17973 of 2017 dt.08-08-2019 2/2 dated 29.12.2017 which shows that the petitioner herself has encroached the land.

Having considered the rival contention of the respective parties, this Court finds that there are two reports of Amin, which are contradictory to each other, hence, it would be expedient that the matter is examined by the Collector, Siwan, and a reasoned order is passed by him regarding the claim of the petitioner herein.

Accordingly, the present writ petition stands disposed of with liberty to the petitioner to approach the Collector, Siwan by filing an appropriate claim/ representation within a period of four weeks from today, which shall be examined and disposed of by the Collector, Siwan within a period of eight weeks thereafter.

(Mohit Kumar Shah, J) Tiwary/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 11.08.2019 Transmission Date N/A