Sitaram Mandal v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13474 of 2018 ====================================================== Sitaram Mandal S/o Late Sukhdeo Mandal R/o Village- Balia Siman Tola Malpur, P.S.- Mohanpur Rupouli District- Purnia ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary, Rural Work Department , Bihar, Patna. 3.

The Executive Engineer Rural Work Department Work Division, Purnia 4.

The District Magistrate, Purnia 5.

The Commisioner Purnia 6.

The Sub Divisional Officer, Dhamdaha, District- Purnia. 7.

The Circle Officer, Rupauli, District- Purnia ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajive Ranjan Singh, Advocate For the Respondent/s :

Mr.Kumar Alok -Sc7 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 31-08-2024

1. The present writ petition has been filed seeking the following relief(s):- "(i) For direction to the respondents to remove the road which was constructed on Thana No. 293/1, Khata No. 373, Khesra No. 137,138,142 & 143.

(ii) For direction to the respondents to provide the land to the petitioner appertaining to Thana No. 293/1, Khata No. 373, Khesra No. 137,138,142 & 143.

(iii) For direction to the respondents to pay compensation to the petitioner."

2. Though it is the contention of the learned counsel

Patna High Court CWJC No.13474 of 2018(3) dt.31-08-2024 2/2 for the respondent-State that the land of the petitioner has not been used for the purposes of construction of road, however, the same is disputed by the learned counsel for petitioner and he submits that the District Magistrate, Purnia, as also the Executive Engineer, Rural Works Division, Purnia be directed to conduct an inquiry, measure the land and demarcate the land of the petitioner so that the grievances of the petitioner can be redressed.

3. Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the District Magistrate, Purnia and the Executive Engineer, Rural Works Division, Purnia to issue notice to the petitioner and in his presence carry out the demarcation of the boundary of the land of the petitioner, as aforesaid, so that it can be ascertained as to whether the land of the petitioner is being used for the construction of road or not. The entire exercise should be completed, within a period of three months from today.

4. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Saurav/- U