Abhay Shankar Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15327 of 2019 ====================================================== 1.
Abhay Shankar Jha Son of Late Uday Kant Jha Resident of Village and PostLakhpura, P.S.-Panjawara, District-Banka. 2.
Anand Shankar Jha, Son of Late Uday Kant Jha Resident of Village and Post-Lakhpura, P.S.-Panjawara, District-Banka. 3.
Jai Shankar Jha Son of Late Uday Kant Jha Resident of Village and PostLakhpura, P.S.-Panjawara, District-Banka. 4.
Vigyan Shankar Jha, Son of Late Uday Kant Jha Resident of Village and Post-Lakhpura, P.S.-Panjawara, District-Banka. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The Principal Secretary, Water Resources Department, Government of Bihar, Patna 3.
The Principal Secretary, Land and Revenue Department, Government of Bihar, Patna 4.
The Director, Land Acquisition and Rehabilitation,Water Resources Department, Government of Bihar, Patna.
5.
The Executive Engineer, Irrigation Division, Baunsi, District-Banka. 6.
The District Magistrate, Banka 7.
The District Land Acquisition Officer, Banka. 8.
The Sub-Divisional Officer, Banka 9.
The Circle Officer, Barahat, District-Banka.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Subhdh Kumar Jha, Advocate Mr. Roshan Kumar Mishra, Advocate For the State :
Mr. Alok Kumar Rahi, AC to AAG-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 29-07-2019 Heard learned counsel for the parties.
2. The petitioners have a grievance that the lands appertaining to Khesra No. 307 and 309 admeasuring 1 acre 65 decimals, which belonged to them, have been utilised for
Patna High Court CWJC No.15327 of 2019(2) dt.29-07-2019 2/2 construction of embankment over Chir river without undertaking any process of land acquisition and payment of compensation.
3. If it is the grievance that the petitioners' lands have been utilised for public purpose without following the provisions of law, they have statutory remedy under Bihar Right to Public Grievance Redressal Act, 2015 which they could have invoked.
4. This application is accordingly disposed of with the observation that the petitioners shall be at liberty to approach the Public Grievance Redressal Officer raising the grievance of public use of their lands without undertaking any process of land acquisition in accordance with law. If such any application is filed before the Public Grievance Redressal Officer within one month from today, the same shall be expeditiously disposed of within the time prescribed under the Act and the rules framed thereunder.
(Chakradhari Sharan Singh, J) Rajesh/- U