Rajendra Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14798 of 2023 ====================================================== Rajendra Sao S/o Late Narain Sao, Resident of Village-Hardiya, P.S.-Rajauli, District-Nawada.

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary, Land Revenue, Settlement, Govt. of Bihar, Patna.

2.

The Commissioner, Magadh Division, Gaya.

3.

The District Magistrate, Nawada.

4.

The Director, Land Acquisition, Bihar, Patna. 5.

The Superintending Engineer, Irrigation Division, Nawada. 6.

The Executive Engineer, Irrigation Division, Rajauli, District-Nawada. 7.

The Circle Officer, Rajauli, District-Nawada. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhaskar Shankar, Advocate For the Respondent/s :

Mr. Raj Kishore Roy, G.P.-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-02-2024 Heard Mr. Bhaskar Shankar, learned Counsel for the petitioner and the State.

2. The present petition has been preferred for direction to authority concern to allot the land bearing Plot No. 161 (ख) instead of Plot No. 163 to petitioner as he is displaced due to construction Phulwaria Reservoir although he was initially allotted Plot No. 163 bearing Khata No. 65, Khesra No. 686, Area 25 decimal land at

Patna High Court CWJC No.14798 of 2023(2) dt.12-02-2024 2/3 Sector-C of Hardia but unfortunately major part of land come under forest and only 2 decimal was there in which petitioner constructed his house, hence respondent no. 5 seeks permission from respondent No. 3 and 4 to change his allotment to another plot i.e. 161 (ख) but till date petitioner is running from pillar to post but no allotment was made to petitioner.

3. Mr. Bhaskar Shankar, learned Counsel for the petitioner has taken this Court to Annexure- P8 i.e. the letter no. 1122 dated 30.12.2022 issued by the Executive Engineer, Irrigation Division, Rajauli addressed to the Superintending Engineer, Irrigation Circle, Nawada in which he has sought clarification on whether the Plot No. of the petitioner can be changed by the respondent-Executive Engineer or the Superintending Engineer. It is his submission that to his knowledge, there is no response till date.

4. Learned State Counsel submits that the matter can be disposed of with a direction to the Superintending Engineer, Irrigation Circle, Nawada to act on the said letter.

5. With the consent of the parties, the writ petition stands disposed of with the direction to the respondent no. 5, the Superintending Engineer, Irrigation Division, Nawada to act on

Patna High Court CWJC No.14798 of 2023(2) dt.12-02-2024 3/3 the letter no. 1122 dated 30.12.2022 and pass a reasoned order within a period of three months from today.

6. The writ petition stands disposed of.

(Rajiv Roy, J) Neha/- U