Raghubansh Singh @ Raghubansh Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16093 of 2019 ====================================================== Raghubansh Singh @ Raghubansh Prasad Singh S/o Late Jagannath Singh R/o Village Pakari Kanth Tola Ram Nagar, P.S.- Lalganj, District- Vaishali. ... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Rural Works Department, Govt. of Bihar, Patna.

2.

The District Collector, Vaishali at Hajipur.

3.

The Executive Engineer Rural Works Department, Work Division Hajipur, Vaishali.

4.

The Block Development Officer, Lalganj Block, Vaishali. 5.

The Circle Officer, Circle Office Lalganj, Vaishali. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Manish Chandra Gandhi For the Respondents :

Mr. Ajay, G.A.-5 Mr. Pratik Sinha, AC to GA-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 08-08-2019 The petitioner has a grievance that his khatiyani land is going to be utilized for construction of public road without the petitioner's consent and without undertaking any process of acquisition in accordance with law and payment of due compensation.

He has relied on a decision of this Court, in the case of Ramasish Prasad Sharma and Others vs. the State of Bihar and Others, reported in [2019 (4) BLJ 493], to submit that the action of the respondents in continuing with the construction of road over petitioner's khatiyani land is thoroughly arbitrary and illegal.

Patna High Court CWJC No.16093 of 2019(3) dt.08-08-2019 2/2 There is no gainsaying that anyone's else land cannot be utilized for any public purpose without following the process of law and undertaking process of acquisition. If, according to the petitioner, any construction of road is being made over his land in breach of law, he has remedy under the Bihar Right to Public Grievance Redressal Act, 2015, by making an application before the Public Grievance Redressal Officer. This application is disposed of with the observation that the petitioner shall be at liberty to raise his claim before the concerned Public Grievance Redressal Officer. If any application is made before the Public Grievance Redressal Officer, within one month from today in accordance with the procedure prescribed under the Act and Rules, if any, framed thereunder, the same shall be expeditiously disposed of, preferably within a period of three months from making of the application.

(Chakradhari Sharan Singh, J) Pawan/- U