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Patna High CourtCWJC/17834/2023disposed

Ajay Kumar Singh v. The State Of Bihar

2025-09-11Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17834 of 2023 ====================================================== Ajay Kumar Singh Son of Dinesh Prasad Singh @ Akshay Kumar Singh, resident of Village- Bariyarpur, P.S.- Piar, District-Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary Govt. of Bihar, Patna. 2.

The S.D.M. (East), Muzaffarpur.

3.

The District Magistrate, Muzaffarpur.

4.

The Executive Engineer, Rural Works Department, Works Department, Muzaffarpur, East-1.

5.

The Circle Officer, Bandra, District- Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nachiketa Jha, Advocate For the Respondent/s :

Mr. Standing Counsel 16 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-09-2025 Heard the parties concerned.

2. The petitioner has filed the present writ application with a grievance that on 4.50 Decimal of private land of the petitioner, the village road has been constructed under Mukkyamantri Sarak Yojana without acquiring the same under due process of law.

3. Learned counsel for the State submits that the measurement of the road as well as the land of the petitioner was conducted by the Circle Amin and it has been found that upon 4.50 Decimal of land of the petitioner, the village road has been constructed. The land is situated in Khata No. 11, Khesra

Patna High Court CWJC No.17834 of 2023(2) dt.11-09-2025 2/3 No. 211 on which road has been constructed under Mukhya Mantri Gram Sarak Yojana. He further submits that the District Magistrate has directed the Executive Engineer, Rural Works Department, Works Division, Muzaffarpur East-1, vide his letter no. 3363 dated 20.12.2023 to make a request before the District Land Acquisition Officer, Muzaffarpur for evaluation of the land in question so that the adequate compensation is paid to the petitioner after allotment of fund. The Executive Engineer has already submitted his requisition vide letter no. 3383 dated 23.12.

2023 with requisition Appendix-I, II, III, IV and V in three copies in appropriate format along with sketch map before the District Magistrate, Muzaffarpur with a request to issue direction to the District Land Acquisition Officer Muzaffarpur. The District Land Acquisition Officer, Muzaffarpur vide his letter no. 2843 dated 29.12.2023 made a request to the Executive Engineer, Rural Works Department, Works Division, Muzaffarpur to call for objection regarding title and nature of the land in question by press communique, so that further actions may be initiated. The press communique was published in the newspapers on 03.01.2024. The Executive Engineer, Rural Works Department, Works Division, Muzaffarpur East-1 vide his letter dated 03.01.2024 bearing no.

Patna High Court CWJC No.17834 of 2023(2) dt.11-09-2025 3/3 to the petitioner to give his consent for giving his land on perpetual lease.

4. Having heard learned counsel for the parties and taking into consideration the nature of prayer made in the writ application, the petitioner is directed to produce all the relevant documents regarding his title upon the land before the District Land Acquisition Officer within a period of four weeks from today. If such application along with relevant documents is filed by the petitioner, the District Land Acquisition Officer is directed to calculate the amount of compensation payable to the petitioner in accordance with law within a period of three months from the date of publication. The necessary payments should also be done after deciding the application of the petitioner within three months. The necessary payment, if any, shall be made to the petitioner within a further period of one month.

5. The writ application is disposed of with the aforesaid direction and observation.

(Anil Kumar Sinha, J) Siwani/- U