Mahabir Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14018 of 2016 =========================================================== Mahabir Prasad, Son of Late Lal Das Mahto R/o village - Ratanpura, P.S. Noorsarai, Distt. - Nalanda .... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary Land Reforms, Govt. of Bihar, Patna 15

2. The District Magistrate, Nalanda, Biharsharif

3. The Sub - Divisional officer, Rajgir, Nalanda

4. The Deputy Collector Land Reforms, Rajgir, Nalanda

5. The Circle officer, Rajgir, Nalanda

6. The Executive officer, Nagar Panchayat, Rajgir, Nalanda .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Amaresh Kumar, Advocate Mr. Sanjay Kumar, Advocate For the Respondent/s : Mr. Raj Kishore Roy-GP18 Mrs. Bandana Singh, AC to GP-18 =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 24-08-2016 Heard parties.

In view of prayer made in this writ application, the same is being disposed of with a direction to the District Magistrate, Nalanda to examine as to whether any PCC road is being constructed over the raiyati land of the petitioner on Plot No.1655, appertaining to Khata No.482 measuring an area of 10 decimals of Mauza-Sabalpur, District-Nalanda or not? He will also examine as to whether such 10 decimals of land belong to the petitioner or the State? For that purpose, the petitioner would appear before him and file his

Patna High Court CWJC No.14018 of 2016 dt.24-08-2016 2/2 representation on 1.09.2016 along with copy of this order. After examining the aforesaid issue, if the District Magistrate finds that the aforesaid 10 decimals of land is raiyati land of the petitioner and Jamabandi has been created in his name then he will proceed to demarcate the land of the petitioner after measuring it in his presence. If any construction has already been made upon the aforesaid land then that should be removed or a proceeding should be initiated for acquisition of the land in accordance with law, if it is required in public interest. He would also ensure that till he takes a decision, no further construction is made upon the aforesaid land. It is expected that the entire exercise would be completed within a period of two weeks from the date of filing of the representation.

In case the State intends to acquire the land then everything should be completed and compensation should be paid to the petitioner within a period of four months. (Dr. Ravi Ranjan, J) V.K. Pandey/- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 26.08.2016 Transmission Date N.A.