Visheshwar Pandey v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3022 of 2014 ====================================================== Visheshwar Pandey, Son Of Late Shankar Pandey, Resident Of Village and P.O.- Baraki, Nainizore, P.S.- Nainizore (Brahampur) Dist.- Buxar. .... .... Petitioner/s
Versus
1. The State Of Bihar
2. The Principal Secretary, Department of Rural Development, Bihar, Patna.
3. The Executive Engineer, Department of Rural Development, Works Division, Jagdishpur, Bhojpur.
4. The Collector, Bhojpur
5. Jawahar Lal Yadav, Son Of Late Hari Kishun Yadav, Resident Of Village- Pawat, P.O.- Agarsanda Behra, P.S.- Muffassil Ara, Dist.- Bhojpur .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : None For the Respondent nos.1to4 : Mrs. Bandana Singh, AC to SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 18-05-2016 Despite repeated calls, none appears on behalf of the petitioner in support of the present writ petition, though the name of the learned counsel appearing on behalf of the petitioner is printed in the daily cause list.
Learned AC to SC-25 appearing on behalf of the respondent nos.1 to 4, on the other hand, by referring to the averments made in paragraph 6 of the counter affidavit filed on behalf of the respondent nos.2 and 3, submits that no construction is being made over the raiyati land of the petitioner. She submits that a copy of the aforesaid counter affidavit was served upon the learned counsel for the petitioner, but till date the facts pleaded in the aforesaid counter affidavit have not been controverted by the petitioner.
That being the factual position and in view of the fact that the claims raised on behalf of the petitioner are based on
Patna High Court CWJC No.3022 of 2014 (5) dt.18-05-2016 disputed questions of facts, this Court does not feel persuaded to issue any direction to the respondents for grant of the reliefs, as prayed for in paragraph 1 of the writ petition. Consequently, the writ petition is dismissed, but without costs.
(Birendra Prasad Verma, J) Arvind/- U