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Patna High CourtCWJC/12991/2019disposed

Babu Narayan Mahto v. The State Of Bihar

2019-06-28Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12991 of 2019 ====================================================== Babu Narayan Mahto Son of Late Chhedi Mahto Resident of VillageBhagwatpur, P.O.- Nawada, P.S.- Bahera, District- Darbhanga. ... ... Petitioner

Versus

1.

The State of Bihar.

2.

The District Magistrate Darbhanga.

3.

The Sub- Divisional Officer Benpur, District- Darbhanga. 4.

The Deputy Collector Land Reforms, Benipur, District- Darbhanga. 5.

The Circle Officer Benipur, District- Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Narayan Mahto For the Respondent/s :

Mr.Sajid Salim Khan ( Sc25 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-06-2019 Though this matter has been listed under the heading, 'For Orders (On Office Notes)', with certain defects pointed out by the stamp reporter, considering the nature of controversy, this writ application has been heard on merits and is being disposed of by the present order.

It is the petitioner's claim that the petitioner's homestead land, admeasuring 12 dhur, appertaining to old Khata No. 1077 and Plot No. 2503, has been utilized by the State Government for implementing 'Pradhan Mantri Sadak Yojna' without any consent of/notice to the petitioner and without following any acquisition proceeding. It has been stated that no

Patna High Court CWJC No.12991 of 2019(2) dt.28-06-2019 2/2 amount of compensation has been paid. There is no averment in the writ application as to when the petitioner's aforesaid land has been utilized for the said purpose. The petitioner is said to have approached the Sub Divisional Officer, Benipur, raising his claim.

In the facts and circumstances of the case, in my view, the petitioner has statutory remedy of approaching Public Grievance Redressal Officer under the Bihar Right to Public Grievance Redressal Act, 2015, by making an application in accordance with the provisions of the Act and the Rules framed thereunder.

This application is accordingly disposed of with an observation that the petitioner shall be at liberty to make an application before the Public Grievance Redressal Officer and if such application is filed within one month from today, it is expected that the same shall be disposed of expeditiously within the time prescribed under the Act/Rules.

(Chakradhari Sharan Singh, J) Pawan/- U