Kamal Kishore Kumar And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5725 of 2017 ======================================================

1. Kamal Kishore Kumar, son of Sri Hari Mahto, Resident of VillageBakhri Bazar, P.O. +P.S.- Bakhri, Circle Bakhri, District-Begusarai.

2. Raushan Kumar, Son of Sri Mahendra Singh, Resident of VillageShamho, P.O.-Shamho Akbarpur, Circle-Shamho, P.S.-Shamho, District-Begusarai.

3. Sujit Kumar Pathak, Son of Sri Maksudan Pathak, Resident of Village+ P.O.-Papraur, Circle-Barauni, District-Begusarai.

4. Gaurav Kumar, Son of Sri Krishnandan Singh, Resident of VillageNayagaon, P.O.-Chitraur, P.S.-Nayagaon, District-Begusarai.

Presently residing at Teghra Purani Bazar, Ward No.-15, P.S.- Teghra, District-Begusarai.

5. Arvind Kumar Chaudhary, Son of Late Raj Kumar Chaudhary, Resident of Village-Phulwaria, P.O.- Barauni, P.S.-Phulwaria, Circle-Teghra, District-Begusarai.

.... .... Petitioner/s

Versus

1. The State of Bihar represented through the Principal Secretary, Department of Land Reforms and Revenue, Government of Bihar, Patna

2. The District Magistrate, Begusarai.

3. The District Land Acquisition Officer, Begusarai.

4. The Sub-Divisional Officer, Begusarai.

5. The Circle Officer, Teghra, District-Begusarai.

6. The Department of Postal and Telegraph through its Chief Post Master.

7. The Post Master, Sograha Post Office, P.S.-Teghra, DistrictBegusarai. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Avinash Kumar, Adv. For UOI : Mr. Anjani Kumar Sinha, Adv. For the State : Mr. Raj Kishore Roy- GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-05-2017 Heard learned counsels for the petitioner and respondent nos. 6 and 7 and learned G.P.-18 for respondent nos. 1 to 5.

The present writ application has been filed for a direction to the respondent authority to restore the peaceful

Patna High Court CWJC No.5725 of 2017 (2) dt.19-05-2017 2/3 possession of the petitioner over the land appertaining to Thana No. 389, Tauzi No. 934, Khata No. 192 and 964, part of Plot Nos. 2223 and 2224, situated at Mauza Narsingpur Sograha, with a further prayer to get the land in question demarcated as the claim of the petitioner is that the Postal Department constructed the boundary wall on the land of the petitioner which is beyond the acquisition.

The factual matrix of the case is that the State Government in the year 1961-62 decided to acquire the land for construction of a Post Officer in Mauza Sograha, Thana No. 389, Teghra in the District of Munger and consequently Land Acquisition Case Nos. 96 of 1961-62/104 of 1962-63 were initiated. The part of the land in question was acquired but the boundary wall of Post Office has been constructed beyond the acquired area on the raiyati land of the petitioner. Learned counsel for the petitioner confines his prayer only to the extent of getting the land demarcated to which the learned counsels for the respondents have no objection. In the circumstances, the writ application is disposed of with a liberty to the petitioner to file appropriate application for getting the land in question demarcated to the Circle Officer, Teghra, respondent no.5 when respondent no.5 shall dispose of the

Patna High Court CWJC No.5725 of 2017 (2) dt.19-05-2017 3/3 application of the petitioner and conclude the proceeding of demarcation within a period of four months from the date of filing of application after issuing notice and giving due opportunity of hearing to all affected persons.

(Dinesh Kumar Singh, J) Amrendra/- U