Ram Sewak Sharma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8570 of 2015 ====================================================== Ram Sewak Sharma, Son of Late Yugeshwar Sharma, Resident of Village and P.O.- Chakgarho, Daudnagar, P.S.- Bidupur, District- Vaishali ... ... Petitioner

Versus

1.

The State of Bihar 2.

The Collector, Vaishali at Hajipur, District- Vaishali 3.

The Sub-Divisional Officer, Hajipur Sub-Division, District- Vaishali 4.

The Circle Officer, Anchal- Hajipur, District- Hajipur 5.

The Mukhiya, Daudnagar Panchayat, P.O.- Daudnagar, District- Vaishali ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Ratna Deep Prasad, Adv.

For the Respondent/s :

Mrs. Archana Minakshi, G.P.-6 Mr. Prabhat Ranjan, AC to GP-6.

====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-09-2017 Heard Mr. Ratna Deep Prasad, learned counsel for the petitioner and Mr. Prabhat Ranjan, learned AC to GP-6 for the respondent-State.

Since the present writ application was registered on 22.06.2015, but till date, no counter affidavit has been filed. Hence, this Court is not inclined to adjourn the matter any further.

The present writ application has been filed for a direction to the respondent authorities to restrain them from construction of a road through the private land of the petitioner, appertaining to R.S. Plot No. 1382, R.S. Khata No. 1181, situated in Village Chakgarho Daudnagar, Circle Bidupur, District Vaishali. It is very fairly submitted by learned counsel for the

Patna High Court CWJC No.8570 of 2015(2) dt.20-09-2017 2/2 petitioner that the construction of road has still not been made over the raiyati land of the petitioner, however, he is having an apprehension that the road will be constructed on the said land of the petitioner. It is further submitted that the representations of the petitioner for restraining the authorities from constructing road on the raiyati land of the petitioner are also pending before respondent nos. 2, 3 and 4, the Collector, Vaishali, the SubDivisional Officer, Hajipur and the Circle Officer, Hajipur, respectively, as contained in Annexures- 4, 5 and 6. Considering the fact that the writ application was filed only on apprehension of the petitioner, this Court is not inclined to interfere into the matter.

However, it is expected from the respondent authorities to dispose of the representations of the petitioner, as contained in Annexures- 4, 5 and 6, within a period of four weeks from the date of receipt/production of the copy of this order. Accordingly, with the above observation and direction, the present writ application is disposed of.

Amrendra/- (Dinesh Kumar Singh, J) U