Ramkrit Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12014 of 2024 ====================================================== Ramkrit Pandit Son of Shankar Pandit @ Shiv Shankar Prajapat, resident of Village and P.O.- Bishunpura, P.S.- Sherghati, District- Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 2.

The Principal Secretary, Rural Development Department, Government of Bihar, Patna.

3.

The Commissioner, MGNREGA, Bihar Rural Development Society, Rural Development Department, Bihar, Patna.

4.

The Chief Operating Officer, Bihar Rural Development Society, Rural Development Department, Bihar, Patna.

5.

The District Magistrate, Gaya.

6.

The Deputy Development Commissioner, Gaya.

7.

The District Programme Officer (MGNREGA), Gaya. 8.

The Executive Officer (P.O.), MGNREGA, Block- Sherghati, District- Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Javed Jafar Khan, Advocate For the Respondent/s :

Mr. Kumar Pankaj, AC to SC-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL JUDGMENT Date : 12-08-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. Following relief(s) have been prayed for in paragraph no. 1 of the present writ application. "1.That this writ petition is being filed on behalf of the aforesaid petitioner for restraining the respondent authorities especially, the District Programme Officer (MNREGA), Gaya and the Executive Officer,

Patna High Court CWJC No.12014 of 2024 dt.12-08-2024 2/3 MNREGA, Block: Sherghati, District: Gaya (the Respondent No. 7 & 8 respectively), who forcibly take the raiyati land of the petitioner, situated in Mauza: Dariyapur, Thana No. 723, Khata No. 74, Khesra No.

697, area 14 decimals, for the purpose of execution work under MNREGA scheme and change the nature of land from agriculture purpose to implementation of plantation of trees, without compensation to the petitioner. Further, the respondent authorities are issued direction to pay the compensation to the petitioner for utilization of the land without consent to the petitioner for implementation of MNREGA programme.

And to grant any other relief/reliefs to which the petitioner is foiund entitled under the facts and circumstances of the case."

3. At the outset, learned counsel for the petitioner has confined his prayer only to the extent of disposal of application dated 23.11.2023 (Annexure- P/4 to the present writ petition)

Patna High Court CWJC No.12014 of 2024 dt.12-08-2024 3/3 which is pending consideration before Collector, Gaya within a time frame.

4. Learned counsel for the State raised no objection to the prayer made by the learned counsel for the petitioner for disposal of application dated 23.11.2023.

5. Considering the aforesaid facts and circumstances, District Magistrate, Gaya (Respondent No. 5 herein) is directed to consider the application of the petitioner dated 23.11.2023 (Annexure-P/4) and dispose of the same after perusing the documents filed on behalf of the petitioner and pass reasoned and speaking order in accordance with law within a period of two months from the date of receipt/production of a copy of this order.

6. With the aforesaid observation/direction, the present writ application stands disposed of.

(Rudra Prakash Mishra, J) Alok Verma/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 24.08.2024 Transmission Date N/A