Sheetal Prasad Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21178 of 2021 ====================================================== Sheetal Prasad Bhagat Son of Late Yamuna Bhagat Resident of Village and Post and Police Station- Panjawara, District- Banka. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Land Reforms and Surveys, Government of Bihar, Patna.

2.

The Managing Director, Bihar State Road Development Corporation Ltd. (BSRD), RCD Mechanical Workshop Campus, Shaheed Pir Ali Khan Marg, Near Sheikhpura, Patna, Bihar- 800014.

3.

The Chief General Manager, Bihar State Road Development Corporation Ltd. (BSRD), RCD Mechanical Workshop Campus, Shaheed Pir Ali Khan Marg, Near Sheikhpura, Patna, Bihar- 800014.

4.

The Deputy General Manager (Tech.) Bihar State Road Development Corporation Ltd. (BSRD), Bihar State Highways Project-3, Implementation of Resettlement Rehabilitations Plan, ADB Funded Package-4 GhoghaPanjwara Road (SH-84), 102, Deoyani Tower, Vasant Bihar Colony, Near Ziro Mile, Bahadurpur, Bhagalpur- 813210.

5.

The Collector-cum-District Magistrate, Banka. 6.

The Sub-Divisional Officer, Banka.

7.

The Circle Officer, Barahat, Banka.

8.

The Superintendent of Police, Banka.

9.

The S.H.O. Panjara Police Station, Banka.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr.Prahalad Kumar Bhagat, Adv.

For the State :

Mr. Sajid Salim Khan, SC-25 For the Respondents No. 2 to 4 :

Mr. Lalit Kishore, Sr. Adv.

Mr. Manish Dhari Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-12-2022 The present writ petition has been filed

2/4 seeking the following reliefs:- "1(i). For issuance of an appropriate writ/writs in the nature of mandamus commanding and directing the respondents to give compensation to the petitioner of his land, house and shop, having an area 3 dhur, north to south 15 feet and east to west 10.5 feet, under mauja-Panjwara, Thana No. 354, Khata No. 19, Khesra No.

208 (K.M.) and also an area 2.30 decimal land under Mauja-Panjwara, Than No. 354, Khata No. 214/19, Khesra 148/208, situated in village Panjwara, Banka at 4 times of the Govt. rate i.e. at present 4 lakh per decimal.

The respondents have demolished by force residential house, shops and mill on 14th April, 2021 in the lock-down period due to COVID-19 pandemic, constructed on the said land of the petitioner and now the respondents want to pay very low cost of the three storage house, shops and mill (Annexure-10) but they have not wanted to pay the cost of land of the petitioner.

(ii). For issuance of an appropriate

3/4 direction to the respondents to allot residential land and also allot land for running shops with a view to earn bread and butter to the displaced petitioner and pay 4 times cost of their land, also, which is acquired by the respondents and constructed the road upon which.

The petitioner is valid purchaser of aforesaid land from the real and genuine land owner and paying revenue to the State on same piece of land, earlier in the year 2008 notice was issued vide memo no. 630 issued by Respondent Circle Officer, Barahat, Banka, which has been recalled after local verification, but, again after more than 10 years, the Circle Officer, Barahat issued notice to vacate the land and to remove the encroachment over said land without rhyme and reason."

After some arguments, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are available under the law. Liberty, so

4/4 sought, is granted.

The writ petition stands disposed of as not pressed.

(Mohit Kumar Shah, J) Ajay/- U