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Patna High CourtCWJC/3174/2018disposed

Dharmnath Prasad v. The State Of Bihar

2022-09-19Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3174 of 2018 ====================================================== 1.1. Ramashankar Rai Son of Late Dharmnath Prasad, Resident of Village - Baratelpa, Police Station - Chapra Town, District - Saran at Chapra. 1.2. Manoj Kumar Son of Late Dharmnath Prasad, Resident of Village - Baratelpa, Police Station - Chapra Town, District - Saran at Chapra. 1.3. Umashankar Rai, Son of Late Dharmnath Prasad, Resident of Village - Baratelpa, Police Station - Chapra Town, District - Saran at Chapra. 2.

Smt. Shanti Devi, Wife of Krishnanand Ray, Resident of VillageBrahmsthan Kothia, Police Station-Chapra Town, District-Saran at Chapra, Bihar.

3.

Satyanarayan Satyam, Son of Lakshmi Prasad Yadav, Resident of MohallaMaharshi Atri Nagar, Baratelpa, Near Taxi Stand, Police Station-Chapra Town, District-Saran at Chapra, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Collector, Saran at Chapra.

3.

The Additional Collector, Saran at Chapra.

4.

The Sub-Divisional Officer, Chapra Sadar, District-Saran. 5.

The Deputy Collector Land Reforms, Chapra, District-Saran. 6.

The District Land Acquisition Officer, Saran at Chapra. 7.

The Circle Officer, Chapra, District-Saran.

8.

The Union of India through the Secretary Civil Aviation Deptt. New Delhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Basant Kumar Singh,Advocate For the Respondent/s :

Mr.Raj Kishore Roy,Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-09-2022 The present writ petition has been filed seeking the following reliefs:- "(i). the respondents be restrained from making construction of the boundary wall on the lands of the petitioners without acquiring the same under the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2012, hereinafter referred to as "the Act,2013.

(ii). the respondents be permanently restrained from

Patna High Court CWJC No.3174 of 2018(5) dt.19-09-2022 2/2 interfering the peaceful possession of the petitioners' lands."

The learned counsel for the petitioner has referred to Annexure-B to the counter affidavit filed by the respondentState, wherein, the District Magistrate, Saran at Chapra, has directed the Circle Officer, Sadar Chapra, to get the land of the petitioners measured and demarcated.

Having regards to the aforesaid facts and circumstances of the case, the present writ petition stands disposed off with a direction to the District Magistrate, Saran at Chapra, to ensure that the land of the petitioners are measured and demarcated within a period of four weeks of receipt/production of a copy of this order.

(Mohit Kumar Shah, J) S.Sb/SonalU