Fulena Mahto v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9678 of 2017 ====================================================== Fulena Mahto Son of Hajari Mahto, Resident of Village-Bisunpur, ToleBagaha, P.S.-Yadopur District-Gopalganj ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Collector, Gopalganj 3.

The Sub-Divisional Officer,Gopalganj.

4.

The Block Development Officer, Gopalganj 5.

The Mukhiya, Gram Panchayat Raj, Bisunpur East, Block Gopalganj, P.S. Jadopur, District-Gopalganj ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Saroj Kumar For the Respondent/s :

Mr.Raj Kishore Roy-Gp18 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-09-2019 The present writ petition has been filed for restraining the respondents from constructing road through the raiyati land of the petitioner.

The learned counsel for the respondents has filed a counter affidavit on behalf of the respondents no. 2 to 4 wherein in paragraphs No. 8 and 9 it has been stated that the boundary wall of the land in question has not been disturbed and, in fact, the same is still existing. It has been further stated in the counter affidavit that on the representation of the petitioner, an enquiry was made from B.D.O. and C.O., Gopalganj (Sadar), who, vide their report dated 31.08.2017, have reported that the Gram

Patna High Court CWJC No.9678 of 2017(3) dt.26-09-2019 2/2 Panchayat has not constructed any road in the land in question. Hence, it is submitted that nothing survives for consideration in the present writ petition.

Having regard to the statement made in the counter affidavit filed by the respondents no. 2 to 4, this Court finds that the grievances of the petitioner are unfounded. Accordingly, the writ petition stands dismissed. (Mohit Kumar Shah, J) Tiwary/- U