Ishwar Prasad Sinha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1938 of 2017 ====================================================== Ishwar Prasad Sinha Son of Late Kashwar Prasad Singh, Resident of VillageEksara, P.S. Ben, District Nalanda. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate, Nalanda 3.

The District Land Acquisition Officer, Nalanda. 4.

The Deputy Development Commissioner, Nalanda, District Nalanda. 5.

The Superintendent of Police, Nalanda.

6.

The Block Development Officer, Ben, District - Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar, Advocate For the Respondent/s :

Mr.Raj Kishore Roy-Gp18 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 01-12-2025 Heard the parties.

2. The present petition has been preferred for the following relief/s:

(i) for issuance of an appropriate writ in the nature of Mantous commanding and directing to the respondent authority to stop the work P.C.C construction over the raiyati land of petitioner which is being done by the authority concerned without adopting any proceeding of land acquisition as well as without giving any compensation to the petitioner and against the will of petitioner; (ii) for issuance of an appropriate writ in the nature of commanding the respondents

Patna High Court CWJC No.1938 of 2017(3) dt.01-12-2025 2/3 authority to pay the 4th time compensation of land of the petitioner as per rules if it is being acquired by authority concerned;

(iii) for direction to the authority concerned to pay the compensation caused by the authority concerned against the mental harassment of the petitioner;

(iv) for issuance of an appropriate writ in the nature of mandamus commanding and directing the respondent authorities to make an enquiry, over the irregularities and illegalities committed in in Manrega Scheme;

(v) for issuance of any other writ/writs, order/orders, direction/directions for which the petitioner shall be found liable under the facts and circumstances of the case or the equitable justice.

3. Since the copy of the counter affidavit has not been served upon the learned counsel for the petitioner, Mr. Pankaj Kumar, he is entitled to Rs. 500/- from the office of G.P.-18 and the payment receipt shall be filed in the office by

Patna High Court CWJC No.1938 of 2017(3) dt.01-12-2025 3/3 tomorrow i.e. 02.12.2025.

4. Paragraph-05 of the counter affidavit filed by the respondent-Executive Engineer, Rural Works Department, Works Division, Rajgir, Nalanda shows that in the construction of road from Eksara Road to Panchayat Sarkar Bhawan, the private land of the petitioner has not been taken up and the measurement report of the Amin dated 02.03.2021 endorses such view.

5. This Court is of the opinion that if the petitioner has any grievance, he can take steps by filing a proper petition/fees for the measurement of his land. However, since the categorical statement has been made that no land of the petitioner has been taken, granting said liberty to the petitoiner, the writ petition is disposed of.

6. If the receipt showing payment of Rs.500/- is not filed by tomorrow, the matter shall come up under the heading to be mentioned on 08.12.2025.

7. If the payment is made, there is no need to present the case before the Court.

(Rajiv Roy, J) Ravi/- U