Ramkrit Pandit vs The State Of Bihar
2024 Latest Caselaw 5368 Patna

Patna High Court

Ramkrit Pandit vs The State Of Bihar on 12 August, 2024

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.12014 of 2024
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     Ramkrit Pandit Son of Shankar Pandit @ Shiv Shankar Prajapat, resident of
     Village and P.O.- Bishunpura, P.S.- Sherghati, District- Gaya.
                                                                  ... ... Petitioner/s
                                         Versus
1.    The State of Bihar through the Additional Chief Secretary, Revenue and
      Land Reforms Department, Government of Bihar, Patna.
2.   The Principal Secretary, Rural Development Department, Government of
     Bihar, Patna.
3.   The Commissioner, MGNREGA, Bihar Rural Development Society, Rural
     Development Department, Bihar, Patna.
4.   The Chief Operating Officer, Bihar Rural Development Society, Rural
     Development Department, Bihar, Patna.
5.   The District Magistrate, Gaya.
6.   The Deputy Development Commissioner, Gaya.
7.   The District Programme Officer (MGNREGA), Gaya.
8.    The Executive Officer (P.O.), MGNREGA, Block- Sherghati, District- Gaya.
                                                          ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :         Mr. Md. Javed Jafar Khan, Advocate
     For the Respondent/s   :         Mr. Kumar Pankaj, AC to SC-5
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
     MISHRA
     ORAL JUDGMENT

Date : 12-08-2024 Heard learned counsel for the petitioner and learned

counsel for the State.

2. Following relief(s) have been prayed for in

paragraph no. 1 of the present writ application.

"1.That this writ petition is being

filed on behalf of the aforesaid petitioner for

restraining the respondent authorities

especially, the District Programme Officer

(MNREGA), Gaya and the Executive Officer, Patna High Court CWJC No.12014 of 2024 dt.12-08-2024

MNREGA, Block: Sherghati, District: Gaya

(the Respondent No. 7 & 8 respectively),

who forcibly take the raiyati land of the

petitioner, situated in Mauza: Dariyapur,

Thana No. 723, Khata No. 74, Khesra No.

697, area 14 decimals, for the purpose of

execution work under MNREGA scheme and

change the nature of land from agriculture

purpose to implementation of plantation of

trees, without compensation to the petitioner.

Further, the respondent authorities

are issued direction to pay the compensation

to the petitioner for utilization of the land

without consent to the petitioner for

implementation of MNREGA programme.

And to grant any other

relief/reliefs to which the petitioner is foiund

entitled under the facts and circumstances of

the case."

3. At the outset, learned counsel for the petitioner has

confined his prayer only to the extent of disposal of application

dated 23.11.2023 (Annexure- P/4 to the present writ petition) Patna High Court CWJC No.12014 of 2024 dt.12-08-2024

which is pending consideration before Collector, Gaya within a

time frame.

4. Learned counsel for the State raised no objection to

the prayer made by the learned counsel for the petitioner for

disposal of application dated 23.11.2023.

5. Considering the aforesaid facts and circumstances,

District Magistrate, Gaya (Respondent No. 5 herein) is directed

to consider the application of the petitioner dated 23.11.2023

(Annexure-P/4) and dispose of the same after perusing the

documents filed on behalf of the petitioner and pass reasoned

and speaking order in accordance with law within a period of

two months from the date of receipt/production of a copy of this

order.

6. With the aforesaid observation/direction, the

present writ application stands disposed of.

(Rudra Prakash Mishra, J) Alok Verma/-

AFR/NAFR                NAFR
CAV DATE                N/A
Uploading Date          24.08.2024
Transmission Date       N/A