Mantu Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22403 of 2018 ====================================================== Mantu Prasad Singh Son of Shiv Narayan Singh @ Shiv Narayan Mandal Resident of Village-Patwa,P.O.-Sripathar,P.S. Dhoraiya,Distt.- Banka. ... ... Petitioner/s

Versus

1.

The State Of Bihar through Principal Secretary, Revenue and Land Reforms, Government of Bihar, Patna.

2.

The Principal Secretary, Revenue and Land Reforms, Govt. of Bihar, Patna. 3.

The District Magistrate/Collector, Banka.

4.

The Sub-Divisional Officer, Banka.

5.

The Circle Officer, Dhoraiya,Distt.-Banka.

6.

The Engineer-in-Chief-Cum-Addl.Commissioner-cum-Special Secretary, Bihar, Patna 7.

The Executive Engineer, Rural work Department, work Division, Banka, Distt.-Banka ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjay Kumar Gupta For the Respondent/s :

Mr.Sajid Salim Khan- Sc25 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT Date : 05-03-2020 Heard the parties.

Petitioner has filed this writ application for a direction to the respondent authorities to grant compensation of the land, upon which road is being constructed without any acquisition or payment of compensation.

It is submitted that an inspection was made by the Circle Officer who has reported that the road is being constructed over the private land of petitioner and not on the land which has been recorded as road in the cadestral survey as

Patna High Court CWJC No.22403 of 2018 dt.05-03-2020 2/2 contained in Annexure-3.

The writ petition is disposed of with a direction to respondent No. 3 the District Magistrate, Banka to consider the representation of petitioner with respect to grant of compensation of his Raiyati land, upon which road is being constructed by the respondent authorities without acquiring his private land and paying compensation to him. Petitioner shall file a detailed representation before the District Magistrate, Banka within four weeks and thereafter the District Magistrate, Banka, shall decide the claim of petitioner on the basis of revenue records and nature of land upon which road is being constructed.

The District Magistrate after hearing the concerned parties shall decided the representation by a speaking and reasoned order within six months from the date of filing of such representation.

(S. Kumar, J) veena/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 17.03.2020 Transmission Date N.A.