Patna High Court
Prem Chandra Rai @ Prem Chand Rai vs The State Of Bihar on 5 August, 2024
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11467 of 2024
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Prem Chandra Rai @ Prem Chand Rai Son of Late Ramashish Rai, resident of
Village-Sahabajpur, P.O.-Vishnapura, P.S.-Bihta, District-Patna (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Revenue
and Land Reforms, Government of Bihar, Patna.
2. The District Magistrate, Patna, District-Patna (Bihar).
3. The Deputy Collector Land Reforms, Danapur, District-Patna (Bihar).
4. The Circle Officer, Danapur, District-Patna (Bihar).
5. The Executive Officer, Nagar Parishad, Danapur Nizamat, District-Patna
(Bihar).
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Abhishek, Adv.
For the State : Mr. Kamlesh Kishore, AC to SC12
For the Resp. No.5 : Mr. Ashok Kumar, Adv.
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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA
ORAL JUDGMENT
Date : 05-08-2024
Heard learned counsel for the parties.
2. In this writ application, the petitioner has
prayed for following relief(s):-
"A. For directing the Respondent
Authorities to remove the construction of road
made over the Raiyati Land of the Petitioner by
the Respondent Authority without his consent as
well as without following the procedure of
acquisition of land for which representation of
the Petitioner is pending before the Respondent
Authorities.
Patna High Court CWJC No.11467 of 2024 dt.05-08-2024
2/4
B. For directing the Respondent
Authorities to pay the amount of compensation
to the Petitioner for his Raiyati Land over which
a road has been constructed by the Respondent
Authorities without following the due process of
law.
C. For directing the Respondent
Authorities to decide the Representation dated
15.05.2024
filed by the Petitioner before the
Respondent Authorities with respect to his
grievances regarding illegal construction of Road
over his Raiyati Land."
3. The matter relates to the land recorded under
Khata No.05, Kheshra No. 214, Tauzi No. 5170, Thana
No.22, Area 1040 Sq. Ft. situated at Mauza Jalalpur, Dist.
Patna.
4. Learned counsel for the petitioner submits
that the petitioner came in possession over the land, in
question, vide registered sale deed no. 2747 dated
10.05.2002 and his name was also mutated in the
Government Record of Right. He further submits that in the
year 2023, when the petitioner visited his land for making
boundary wall, he found that a road has been constructed
over the same by the Nagar Parishad, Danapur Nizamat.
Patna High Court CWJC No.11467 of 2024 dt.05-08-2024
5. Learned counsel for the petitioner further
submits that the petitioner has filed representation dated
15.05.2024 before the respondent authorities, raising his
grievance regarding illegal construction of Road or payment
of amount of compensation but, no action has been taken by
the respondent authorities and the same is still pending
consideration.
6. Learned counsel for the petitioner,
accordingly, seeks a direction upon the District Magistrate,
Patna/Respondent No.2 to dispose of the pending
representation dated 15.05.2024 filed by the petitioner,
within a fixed time frame.
7. Per contra, the learned counsel for the
respondent-State submits that in case the aforesaid
representation dated 15.05.2024 is still pending, the same
shall be disposed of, within a stipulated time frame, as is
fixed by this Hon'ble Court.
8. Having heard learned counsel for the parties
and considering the entire facts and circumstances of the
case, this Court deems it fit and proper in the interest of
Patna High Court CWJC No.11467 of 2024 dt.05-08-2024
justice to direct the District Magistrate-cum-Collector, Patna,
who is the competent authority to dispose of the aforesaid
representation, in case the same has not yet been disposed
of, by passing a final order in accordance with law and after
hearing the affected parties, within a period of six weeks
from the date of receipt/production of a copy of this order.
9. The writ petition stands disposed of on the
aforesaid terms.
(Rudra Prakash Mishra, J)
rishi/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 09.08.2024
Transmission Date
