Shail Devi And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8774 of 2016 ====================================================== 1.

Shail Devi and Ors Wife of Shri Prabhu Nath Sah, resident of villageMunja, P.S. Baikunthpur, Post- Matiyari District- Gopalganj. 2.

Rajendra Sah, son of late Sheodayal Sah, resident of Village- Munja, P.S. Baikunthpur, Post Matiyari, District- Gopalganj. 3.

Mukhtar Singh, Son of Late Janak Singh, resident of village- Munja, P.S. Baikunthpur, Post- Matiyari, District- Gopalganj. 4.

Lal Babu Pandit, son of Late Bilas Pandit, resident of Village- Shankarpur, P.S. Baikunthpur, Post- Dighwa Dubauli, District- Gopalganj. 5.

Jamadar Sharma, son of Late Amir Chand Sharma, resident of VillageShankarpur, P.S. Baikunthpur, Post- Dighwa Dubauli, District- Gopalganj. 6.

Manager Pandit, son of Late Inarman Pandit resident of village- Shankarpur, P.S. Baikunthpur, Post- Dighwa Dubauli, District- Gopalganj. 7.

Lal Babu Sah, Son of Late Satya Narayan Sah, resident of VillageShankarpur, P.S. Baikunthpur, Post- Dighwa Dubauli, District- Gopalganj. 8.

Rajiv Pandit, son of late Sita Ram Pandit resident of Village- Shankarpur, P.S. Baikunthpur, Post- Dighwa Dubauli, District- Gopalganj. 9.

Gautam Pandit, son of late Ramnath Pandit, resident of Village- Shankarpur, P.S. Baikunthpur, Post- Dighwa Dubauli, District- Gopalganj. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The District Magistrate, Gopalganj.

3.

The District Land Acquisition Officer, Gopalganj. 4.

The Circle Officer, Baikunthpur, District Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amresh Kumar Sinha, Advocate For the Respondent/s :

Mr. Kumar Alok, SC-7 Mr. Satyeshwar Prasad, AC to SC-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 28-02-2024 Heard learned counsel for the petitioners and the State.

2. The present writ petition has been preferred for the following relief:

Patna High Court CWJC No.8774 of 2016(3) dt.28-02-2024 2/3 "That this writ petition is for issuance of appropriate writ, order or direction to quash the letter dated 19.10.2012 issued by Circle Officer, Baikunthpur, Gopalganj to the District Land Acquisition Officer, Gopalganj whereby and whereunder the Raiyati land of petitioners over house and other structures are existing, has been declared to public land for purpose of widening of State Highway 90, Chapra and which is sought to be demolished."

3. It is surprising that a communication between the Circle Officer, Baikunthpur, Gopalganj and the District Land Acquisition Officer, Gopalganj has been challenged in the writ petition.

4. After some argument, learned counsel for the petitioners submits that they may be granted liberty to agitate the matter before the appropriate authority under Section 14 of the Land Acquisition Act.

5. Without expressing any opinion in the matter, the writ petition stands disposed of.

6. The petitioners have the liberty to agitate the matter

Patna High Court CWJC No.8774 of 2016(3) dt.28-02-2024 3/3 as they deem fit and appropriate.

(Rajiv Roy, J) Adnan/- U