Umesh Kumar Sah, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24977 of 2019 ====================================================== Umesh Kumar Sah, S/o Tek Narayan Sah, Resident of Village- Kharagpur, P.S.- Laukahi, District- Madhubani presently resident of Mohalla- Nirmali, Ward No. 2, Nagar Panchayat, Nirmali P.S.- Nirmali, District- Supoul. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The State of Bihar through the Principal Secretary, Urban Development and Housing Department, Government of Bihar, P.S. and District- Patna. 3.

The Principal Secretary, Urban Development and Housing Department, Government of Bihar, P.S and District- Patna. 4.

The Collector, Supoul, P.S. and District- Supoul. 5.

The Sub Divisional Officer, Nirmali, P.S.- Nirmali, District- Supoul. 6.

The Executive Officer, Nagar Panchayat Nirmali, P.S.- Nirmali, DistrictSupoul. 7.

The Circle Officer, Nirmali, P.S.- Nirmali, District- Supoul. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Baleshwar Kamat, Advocate For the Respondent/s :

Mr. Yogendra Prasad Sinha (AAG 7) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 12-12-2019 Petitioner has prayed for the following relief:- For commanding the respondents for issuance of an appropriate writ(s), order(s) or direction(s) specially respondent no.6 to refrain from making any construction/building appertaining to old Khata no.291 part of old plot no491/3092 area 2 Kathas 10 dhurs as this small piece of land is being used as Aam Rasta by the

Patna High Court CWJC No.24977 of 2019(2) dt.12-12-2019 2/2 residents of Ward No.2, of Nagar Panchayat, Nirmali in the District of Supoul for last several years."

From the documents placed on record, it cannot be said that the petitioner has indefeasible right of using the land over which construction is being raised for a pubic purpose. As such, we do not find any merit in the present petition and dismiss the same reserving liberty to the petitioner to seek appropriate remedy in accordance with law.

(Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) Sunil/- U