Akhileshwar Rasad Singh @ Akhileshwar Pd. Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.569 of 2016 IN Civil Writ Jurisdiction Case No. 10068 of 2013 =========================================================== Akhileshwar Prasad Singh @ Akhileshwar Pd. Singh, Son of Late Ram Keshwar Singh, Resident of Village- Dharaut, P.S. Makhdumpur, District- Jehanabad. .... .... Appellant/s

Versus

1. The State of Bihar, through Commissioner-cum-Secretary, Water Resources (Irrigation) Department, Govt. of Bihar, Patna.

2. The District Magistrate, Jehanabad.

3. The Executive Engineer, Water Resources Division, Jehanabad.

4. Aditya Narayan Chaudhary, Son of Not Known, Project Manager, Konark, Jehanabad.

5. Tushar Goyel, Managing Director, Gajiyabad, R- 10/100, Raj Nagar, (U.P.) 0120-2962022.

.... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. T.N. Maitin, Sr.Adv. Mr. Indu Shekhar Dwivedi, Adv.

For the Respondent/s : Mr. Ajay Kumar Rastogi, AAG-10 Mr. Parijat Saurav, AC to AAG-10 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 06-11-2017 The learned Single Judge has committed no error by dismissing the writ application and by refusing to go into the issue of compensation due to loss in the topsoil of the land in question, in a summary proceeding.

The learned Single Judge has still given leeway to the appellant to move an appropriate forum for compensation and the appellant can still do so despite dismissal of the writ or L.P.A.

Patna High Court LPA No.569 of 2016 dt.06-11-2017 Appeal has no merit since no infirmity has been committed in the order of the learned Single Judge. It is dismissed. (Ajay Kumar Tripathi, J) (Rajeev Ranjan Prasad, J) Arvind/- AFR/NAFR CAV DATE Uploading Date 07.11.2017 Transmission Date