Satya Narayan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18852 of 2024 ====================================================== Satya Narayan Singh Son of Ram Swaroop Singh, Resident of VillageSohailpur, PO- Munjhara, PS- Goh, District- Aurangabad, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Addl. Secretary, Department of Revenue and Land Reforms, Bihar, Patna.

2.

The Addl. Secretary, Road Construction Department, Government of Bihar, Patna.

3.

The Chief Engineer, Road Construction Department, Bihar, Patna. 4.

The Divisional Commissioner, Magadh Division, Gaya. 5.

The Collector-cum-District Magistrate, District- Aurangabad. 6.

The Deputy Collector, Land Reforms, Aurangabad. 7.

The Sub Divisional Officer, Daudnagar, District- Aurangabad. 8.

The Circle Officer, Anchal- Goh, District- Aurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinod Kumar, Adv.

For the State :

Dr. Md. Raisul Haque, Standing Counsel 10 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT Date : 10-12-2024 Heard the parties.

2. In the instant petition, petitioner has prayed for the following relief(s):- i. For direction to respondent authorities especially respondent Circle Officer, Goh for measurement of Government land situated at Goh-Rafiganj Road from Bilaru Bridge to Jagpati Chauk near GohGaya main road, for which order was issued for measurement and required cost has already been deposited.

ii. For further direction

2/4 to respondent authorities to maintain status quo upon the site, till measurement and demarcation, as illegal encroachments are being created frequently by the unauthorized persons between petitioner's own land and the said road.

iii. For issuance of any other relief/ reliefs for which petitioner may be found entitled in the facts and circumstances of the present case and accordingly would be relief which has not been expressed sought for.

3. Learned counsel for the petitioner submits that land bearing Thana No. 194, Khata No. 670, 624, Plot No. 2707, 2708 and 2709 situated in Mauza-Goh, Anchal-Goh, DistrictAurangabad belongs to the petitioner. Learned counsel pointed out towards Annexure-P/4 and submits that vide Annexure-P/4 S.D.O., Daudnagar has given direction for measurement of the land in question but order of concerned S.D.O. could not be complied. He further submits that petitioner has represented before S.D.O., Daudnagar (Annexure-P/5), District Magistrate, Aurangabad (Annexure-P/6), Circle Officer, Goh (AnnexureP/7), Commissioner, Magadh Division, Gaya (Annexure-P/8) and District Magistrate cum Second Appellate Authority, Aurangabad under Public Dispute Redressal Act but up till now, grievance of the petitioner has not been redressed by the concerned authorities. He further submits that petitioner has filed fresh representation before the Circle Officer, Goh

3/4 (Annexure-P/10) which has been received on 15.11.2024 giving reference about the order of District Magistrate cum 2nd Appellate Authority, Aurangabad Public Dispute Redressal Officer vide order no. 43411-31596 dated 09.11.2024 but up till now, grievance of the petitioner has not been redressed. He further submits that as per the direction of the Appellate Authority and District Magistrate, Aurangabad the measurement should be done on the basis of earlier documents and map as earlier done by the Circle Officer, Goh on 31.01.2013 but due to laches on the part of the Circle Officer, the authorities/engineers of Road Construction Department are also not cooperating by saying that map of the road is not available with them and in that circumstance petitioner is running pillar to post for redressal of his genuine grievance.

4. Learned counsel for the State has submitted that it is a matter of record but he submits before this court that concerned authority shall look into the matter and redress the grievance of the petitioner.

5. Considering the facts and circumstances of the case as well as submissions of the parties, the present writ petition stands disposed of giving direction to respondent no. 8/ the Circle Officer, Anchal-Goh, District Aurangabad to take

4/4 appropriate step in the light of the direction given by S.D.O., Daudnagar vide letter no. 534 dated 12.06.2017 (Annexure-P/4) within a period of three months from the date of receipt of this order after hearing the parties concerned.

(Alok Kumar Pandey, J) shahzad/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 13.12.2024 Transmission Date N.A.