Md. Isha Hazam v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1636 of 2014 =========================================================== Md. Isha Hazam S/O Md. Khurshid Hazam Resident Of Village- Rahua, P.S.- Rahua, Distt.- Samastipur .... .... Petitioner/s

Versus

1. The State Of Bihar Through Its Chief Secretary, Bihar, Patna

2. The Distt. Magistrate, Samastipur

3. The Executive Engineer, P.W.D., Samastipur

4. The Land Acquisition Officer, Samastipur .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. MUKESH KUMAR NO-1 For the State Mr. Durgesh Nandan, AAG 14 =========================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL JUDGMENT Date: 28-07-2016 Heard the counsel for the petitioner and learned Additional Advocate General No. 14 for the State.

The writ application appears to be anticipatory in nature. In 2014 it was presented with an allegation that the respondents have measured the land of the petitioner in order to construct a road thereover. The respondent has filed a counter affidavit stating that the writ application does not disclose the details of the land. For the present, there is no proposal for construction of approach road of Shinghiya Ghat with high level bridge or new road from Samastipur to Rosera for which acquisition has been made.

Considering the vague pleadings in the writ application and the stand taken in the counter affidavit, I am satisfied that no substantive relief can be granted to the petitioner. The respondent has stated that there is no proposal, for the present, to lay a new road as alleged by the petitioner. The writ application is dismissed.

(Kishore Kumar Mandal, J) HR/- U