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Patna High CourtCWJC/23688/2013disposed

Ram Niwas Sharma And ANR v. The State Of Bihar And ORS

2023-07-24Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23688 of 2013 ====================================================== 1.

Ram Niwas Sharma son of Late Yamuna Sharma Resident of Pitmas, P.S. Naubatpur, District - Patna 2.

Ajay Kumar S/o Ram Janam Sharma Resident of Pitmas, P.S. Naubatpur, District - Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Rural Works Department, Govt. of Bihar, Patna 3.

The Engineer in Chief cum Special Secretary, Rural Works Department, Govt. of Bihar, Patna 4.

The Chief Engineer No.1, Rural Works Department, Patna 5.

The Superintending Engineer, Rural Works Department, Work Circle, Patna 6.

The Executive Engineer, Rural Works Department, Work Division Aliganj, District - Patna 7.

The Collector, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Jiban Pd. Singh, Advocate For the Respondent/s :

Mr. Jitendra Kr. Roy, SC-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-07-2023 1.

The present writ petition has been filed seeking the following reliefs:- "1.(i) For issuance of writ of Prohibition restraining the respondents from constructing the pucca road on Gairmazarua Aam Karha land bearing Plot No.- 548 and 1398 and also on private land bearing Khata No.-7 Plot No.- 555, Khata No.-9, Plot No. 488 and Plot No. 546 and 570 and other plots without notice to the land holder and without payment of compensation.

(ii) For issue of direction to make

Patna High Court CWJC No.23688 of 2013(6) dt.24-07-2023 2/2 payment of compensation to the petitioners and other farmers for damaging their land and crops.

(iii) For issue of mandamus commanding the respondents to remove the road constructed on Karha land and private land and bring in its earlier position. Issue such appropriate writ/writs, direction / directions or pass such other order or orders which may be found just and proper."

2.

At the outset, the learned counsel for the petitioners seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioners to avail such other alternative remedies as are otherwise available under the law, for redressal of the aforesaid grievances. Liberty so sought is granted.

3.

The writ petition stands disposed off as not pressed.

(Mohit Kumar Shah, J) S.Sb/- U