Manoj Kumar Sinha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12358 of 2019 ====================================================== 1.
Manoj Kumar Sinha S/o Late Satyanarayan Sinha Vill.- Mainpura, P.o.- G.P.O., P.s.- Patliputra, Distt.- Patna-800001 2.
Ravinesh Kumar S/o Late Ram Raj Singh Vill.- Mainpura, P.o.- G.P.O., P.s.- Patliputra, Distt.- Patna ... ... Petitioners
Versus
1.
The State of Bihar through the Chief Secretary, Bihar Old Sachivalaya Secretariat, Patna 2.
The Bihar State Road Development Corporation Limited through its Chairman-cum-Development Commissioner, Road Construction Department, Mechanical Workshop Campus, Shahid Pir Ali Khan Marg near Sheikhpura, Patna 3.
The Managing Director Bihar State Road Development Corporation Limited, Road Construction Department, Mechanical Workshop Campus, Shahid Pir Ali Khan Marg near Sheikhpura, Patna 4.
The Chief General Manager Bihar State Road Development Corporation Limited, Road Construction Department, Mechanical Workshop Campus, Shahid Pir Ali Khan Marg near Sheikhpura, Patna 5.
The General Manager Project-2 Bihar State Road Development Corporation Limited, Road Construction Department, Mechanical Workshop Campus, Shahid Pir Ali Khan Marg near Sheikhpura, Patna 6.
The DGM (Tech) Piu-R Block- Digha Bihar State Road Development Corporation Limited, Road Construction Department, Mechanical Workshop Campus, Shahid Pir Ali Khan Marg near Sheikhpura, Patna 7.
The Manager (Tech) Bihar State Road Development Corporation Limited, Road Construction Department, Mechanical Workshop Campus, Shahid Pir Ali Khan Marg near Sheikhpura, Patna 8.
M/S LRBLC-GAWAR (JV) C/o Chairman (Development Commissioner) Bihar State Road Development Corporation Limited, Road Construction Department, Mechanical Workshop Campus, Shahid Pir Ali Khan Marg near Sheikhpura, Patna ... ... Respondents ====================================================== Appearance :
For the Petitioners :
Mr. Sanjay Kr. Giriyaghey Mr.Sunil Kumar For the Respondent/s :
Mr. Birendra Pd. Singh, AC to SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 12-07-2019 Following is the relief, which the petitioners are
Patna High Court CWJC No.12358 of 2019(2) dt.12-07-2019 2/2 seeking :
"i) For a direction to the respondent authorities not to demolish the building of the petitioner which is more than 60 years old and is situated on Khata No.369, Plot No. 1099, Tauzi No. 5123, Area-3 decimal and the boundary is as follows :- North : Road South : Proposed Road (really it was Railway track, i.e., Railway Line.
East : Land of Late Rajkishore Singh West : Road.
ii) For any other reliefs for which the petitioners may be deemed entitled to."
It has been stated in paragraph 10 of the writ application that the land in question belongs to them, over which they have constructed house.
In my view, a writ proceeding, under Article 226 of the Constitution of India, cannot be appropriate forum for remedying the nature of grievance, which the petitioners have raised. They shall be at liberty to take recourse to appropriate provisions of law, if any cause of action arise. This writ application stands disposed of.
(Chakradhari Sharan Singh, J) Pawan/- U