Sarvesh Singh @ Sarvesh Chandra Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8237 of 2013 ====================================================== Sarvesh Singh @ Sarvesh Chandra Singh S/O Late Jagarnath Singh R/O Village- Chourahi, P.S.- Haspura, District- Aurangabad ... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

The District Magistrate, Aurangabad 3.

Sub Divisional Magistrate, Daudnagar, Aurangabad 4.

Block Development Officer, Haspura Block, Aurangabad 5.

Circle Officer, Haspura Block, Aurangabad ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhinay Raj For the Respondent/s :

Ms. Geeta Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 17-06-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is aggrieved by the arbitrary action on the part of the respondents in making construction over the land of Khata No.79, Plot No. 549 and 540.

Learned counsel for the petitioner submits that the land belongs to the petitioner and without acquisition the respondents are not justified in making construction over the land belonging to the petitioner.

Learned counsel for the petitioner submits that relevant time the dispute was taken to the District Magistrate, Aurangabad and on consideration of contention of the party

Patna High Court CWJC No.8237 of 2013(6) dt.17-06-2019 2/3 directed measurement of the land and demarcation thereof and thereafter Annexure-11 was issued to indicate that the land belongs to the petitioner over which construction is proposed. Learned counsel for the respondents submits that land does not belongs to the petitioner.

With reference to supplementary affidavit learned senior counsel for the petitioner submits that while Annexure-14 in the proceeding initiated at the instance of District Magistrate, Aurangabad after thorough enquiry it was held out by the Anchal Adhikari, Haspura Block, Aurangabad that the land belongs to the petitioner.

Learned counsel on behalf of respondents submits that by way of manipulation in the revenue records enteries were made in favour of the petitioner and as such submission was made for seeking permission for taking step for cancellation of Jamabandi standing in the name of the petitioner. Considering the aforesaid, the writ petition is disposed of with a direction to the District Magistrate, Aurangabad to direct fresh demarcation of land in the light of Annexure-14 and if it is found that the land on which the construction is proposed belongs to the petitioner, the District Magistrate, Aurangabad shall take steps for acquisition of land after payment of

Patna High Court CWJC No.8237 of 2013(6) dt.17-06-2019 3/3 compensation to the petitioner in accordance with existing law if the land does not belong to the petitioner the respondents shall take appropriate steps for construction.

Necessary decision after fresh demarcation in the light of Annexure-14 be taken by the respondents within a period of four months from the date of receipt/production of copy of this order.

With the aforesaid, the present writ application stands disposed of.

(Anil Kumar Upadhyay, J) mdrashid/- U