Yogendra Prasad Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14830 of 2025 ====================================================== Yogendra Prasad Singh son of Late Ganaur Singh, resident of Village-Malti, Gram Panchayat Raj Malti, P.S.-Ujiyarpur, District-Samastipur at present resident of Mohalla-Kashipur, Ward No. 32, P.S.-Town District-Samastipur. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Revenue and Land Reforms Department, Government of Bihar, Patna.
2.
The Secretary, Panchayati Raj Department, Government of Bihar, Patna. 3.
The District Magistrate, Samastipur 4.
The District Development Commissioner, Samastipur. 5.
The District Panchayati Raj Officer, Samastipur. 6.
The Sub-Divisional Officer, Dalsingsarai, District- Samastipur. 7.
The Block Development Officer, Ujiyarpur, P.S.-Ujiyarpur, DistrictSamastipur. 8.
The Circle Officer, Ujiyarpur, P.S- Ujiyarpur, District- Samastipur. 9.
The Block Panchayati Raj Officer, Ujiyarpur Block, District-Samastipur. 10.
The Officer-in-Charge (SHO), Ujiyarpur, District-Samastipur. 11.
The Sarpanch, Gram Panchayat Raj, Malti Block and P.S.-Ujiyarpur, District-Samastipur.
12.
The Mukhia, Gram Panchayat Raj Malti, Block and P.S.-Ujiyarpur, DistrictSamastipur. 13.
The Ward Member, Ward No. 6, Gram Panchayat Raj, Malti, Block and P.S.- Ujiyarpur, District- Samastipur.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shambhu Sharan Singh, Adv.
For the Respondent/s :
Mrs.Kumari Amrita GP (3) Mr. Rajesh Kumar, AC to GP 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 23-09-2025 In the instant writ petition filed under Article 226 of the Constitution of India the petitioner seeks following reliefs:- "i) For direction/order to the respondent authority concern to remove the illegal forceful, unconsented construction on the Ancestral Raiyati
2/4 Land of petitioner bearing Mazua-Malti, Khata No.-310, Khesra -1964 under Ward No.-6, Area 66'x4'x4' of Gram Panchayat Raj, Malti through a preplanned manner of removal of valuable trees and plants of Ayurvedic medicine under the garb of construction of Nala (Drainage) and harassing the petitioner by several ways including the blockage of way from house to main road the construction of Nala was done as "
अमरजीतकुमारससंहकेबथानसे सुशीलकुमारससंहकेघरतकनालासनमारणकारकुल प्रा०रासश3,04,500/- लमबाई300'
चौडाई3'2"."
(ii) For direction/order to the respondent concern to look into the grievances raised prior to construction by petitioner and the problem of petitioner come out after the construct of said Nala since the way from house to main road is under disturbance with the height of drainage near about 2' (two feet) by which the water of the campus is logged in the campus itself and the life of inhabitant in the house is dangerous by the hazardous Snakes, Bicchu and other and the enemies are awaiting for the sale of house of petitioner only (iii) For direction/order to the respondent concern to pay the loss and damage of Rs. 5,00,000/- as assessed by the Block Panchayati Raj Officer for which the Mukhiya, Panchayat Sachiv and ward member of ward no. 6 were agreed to pay but not paid and cheated the petitioner as the consequential
3/4 relief of relief no. (i) and (ii) (iv) For other relief/ reliefs as your lordships may be deem fit and proper"
2. Heard Mr. Shambhu Sharan Singh, learned counsel for the petitioner and Mr. Rajesh Kumar, learned AC to GP 3 for the State.
3. The main grievance of the petitioner is that the respondents-authorities constructed a drainage (Nala) upon the ancestral raiyati land of the petitioner situated in Mauza- Malti bearing Khata No. 310, Khesra no.-1964 under ward no. 6, area 66'x4'x4' of Gram Panchayat Raj Malti and during the course of construction, valuable trees and plants were destroyed/ removed without any legal notice to him for which the petitioner has suffered a loss of Rs five lakhs. It is submitted by the petitioner's counsel that for redressal of grievance, the petitioner has approached the District Magistrate, Samastipur (respondent no.3) by filing an application (Annexure- P/1) but no action has been taken by the District Magistrate till date to redress his grievance.
4. Considering the petitioner's grievance and having gone through the averments made in the writ petition, the District Magistrate, Samastipur (respondent no. 3) is hereby
4/4 directed to take necessary steps to redress the petitioner's grievance, if he has a bonafide issue, and dispose of the petitioner's application (Annexure-P/1) within a period of six weeks from the date of receipt/ production of a copy of this order.
5. With the aforesaid direction, this writ petition stands disposed of.
(Shailendra Singh, J) BKS/- U