Dazy Kumari vs The State Of Bihar And Ors
2023 Latest Caselaw 5926 Patna

Patna High Court

Dazy Kumari vs The State Of Bihar And Ors on 8 December, 2023

Author: Purnendu Singh

Bench: Purnendu Singh

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.19884 of 2016
     ======================================================
     Dazy Kumari daughter of Sri Krish Nandan Singh Resident of Sri Krishna
     Yamha, Village-Harakh, P.O. Sudhir Nagar, Police Station-Begusarai,
     District-Begusarai
                                                              ... ... Petitioner/s
                                        Versus
1.    The State Of Bihar through the Principal Secretary, Urban Development
      Department, Govt. Of Bihar, Patna
2.   The patna Municipal Corporation through its Commissioner, Patna
3.   The Commissioner-cum-Patna Municipal Corporation, Patna
4.   The Executive Engineer, Nutan Rajdhani Anchal, Patna Municipal
     Corporation, Patna
5.   The Niagaree Builders and developers Pvt. Ltd., 503, 7th Floor, Adharsheela
     Complex, South Gandhi M
6.   The Executive Engineer, North Capital Division, Patna
7.   The Senior Superintendent of Police , Patna

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr. Shekhar Singh, Advocate
     For the PMC            :      Mr. Bindhyachal Singh, Sr. Advocate
     For the State          :      Mr. Suresh Kumar, AC to GP 1
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
     ORAL JUDGMENT

Date : 08-12-2023 Heard Mr. Shekhar Singh, learned counsel appearing

on behalf of the petitioner; Mr. Bindhyachal Singh, learned

senior counsel appearing on behalf of the P.M.C. and Mr. Suresh

Kumar, learned AC to GP 1 for the State.

2. Mr. Shekhar Singh, learned counsel appearing on

behalf of the petitioner, submits that from perusal of the joint

counter affidavit filed on behalf of the Collector, Patna and

Additional Collector, Patna, duly sworn on their behalf by

Circle Officer, Patna Sadar that measurement of plot Patna High Court CWJC No.19884 of 2016 dt.08-12-2023

appertaining to Khata No.26 corresponding plot No.465 of

Boring Canal Road was done by the Survey Amin, Patna

Sadar.

3. Upon measurement it has been found that out of

total area of 17 decimals of plot No.465 as per Khatyan 7

decimals of land now forms part of Boring Canal Road. Learned

counsel further submits that as it is admitted now that 7

decimals of land is now part of Boring Canal Road and the said

land as per the revenue record, stands in the name of Chappu

Lal Rai, from whom the petitioner had bought, the petitioner

seeks to avail remedy before the Divisional Commissioner,

Patna, for attaining the informations, as to whether the

original land holders were duly compensated or not, in case

any acquisition proceeding was initiated in this regard. In

alternative, considering the fact that it is admitted by the parties

that the said land belongs to the Chappu Lal Rai from whom

the petitioner had purchased the petitioner can avail appropriate

remedy in accordance with law.

4. Considering the aforesaid submission made on

behalf of the petitioner, the writ petition is disposed of. The

Divisional Commissioner may take final decision and give

proper information to the petitioner on the basis of record within Patna High Court CWJC No.19884 of 2016 dt.08-12-2023

a period of three months.

(Purnendu Singh, J)

Sanjay/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          11.12.2023
Transmission Date       NA