Patna High Court
Nand Lal Sah vs The State Of Bihar on 30 January, 2024
Author: Prabhat Kumar Singh
Bench: Prabhat Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9595 of 2022
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Nand Lal Sah Son of Late Deba Sah, Resident of Village - Halim Tola, Police
Station - Narhariya, District - Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Old
Secretariat, Patna.
2. The District Magistrate-cum-Collector, Patna.
3. The Land Acquisition Officer, Siwan.
4. The District Collector Land Reforms, Siwan.
5. The District Panchayat Raj Officer, Siwan.
6. The Sub Divisional Magistrate, Siwan.
7. The Circle Officer, Barhariya, Siwan.
8. The Station House Officer, Barhariya, Siwan.
9. The Mukhiya, Lakri Gram Panchayat, District- Siwan.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Harendra Prasad, Advocate
For the Respondent/s : Mr.Raj Kishore Roy (GP-18)
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL JUDGMENT
Date : 30-01-2024
This writ application is being preferred for issuance of
writ of mandamus directing the respondent no. 7 / Circle Officer,
Barhariya, Siwan not to construct any road over the purchased
land of the petitioner on the ground that no compensation has been
paid to him.
2. It is the contention of the petitioner that the land in
question situated at Thana No 288, Tauzi No. 1304, Khata No.
363, Survey Plot No. 6107, Area 3 Kattha 11.16 decimal, Mauza -
Patna High Court CWJC No.9595 of 2022 dt.30-01-2024
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Lakri Tole, Halim Tola, Circle Barhariya, District Siwan has been
purchased by this petitioner and his brother namely Prabhu Nath
Sah from one Shiv Kumar Dubey on 30.04.2011, over which, there
is a house of the petitioner. Thereafter, the petitioner and his
brother filed a Demarcation Case No. 47 of 2018 19 and their land
was duly demarcated by the respondent no. 7/ C.O. on 11.02.2019.
All of a sudden without acquisition of land of the petitioner, the
respondent / State has initiated a proceeding under Section 133
Cr.P.C., vide Case No. 154/2022, and till date, same has not been
disposed of.
3. In this case, a counter affidavit has been filed on
behalf of respondent / State and by referring to certain paragraphs
of the counter affidavit, learned State counsel submits that the
present writ petition is misconceived and devoid of merit.
4. Initially, a proceeding under Section 133 Cr.P.C. was
initiated, vide Case No. 154 of 2022 in respect of the land bearing
Khata No. 373 Survey No. 6107 and Khata No. 329 Survey No.
6108 situated at Mauza- Takari Halim Tola, Anchal Basharla,
Distt. - Siwan. The petitioner purchased the said land, vide sale-
deed dated 30.04.2011 (Annexure-1 writ petition) and thereafter,
blocked the pre-existing Rasta which was being used by the
persons of the locality.
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5. Learned State counsel further submits that the
petitioner has wrongly pleaded that the proceeding under Section
133 Cr.P.C is still pending. In fact, the said proceeding has been
disposed of by the learned SDM, Sadar Siwan, vide order dated
06.05.2022
. Further, in paragraph - 6 of the counter affidavit, it is
stated that the petitioner has also concealed the fact that against the
findings of SDO, Siwan Sadar, the petitioner preferred Revision
No. 134/2022, which was already stood dismissed by the learned
Additional District & Session Judge- VI, Siwan, vide order dated
12.07.2022. The Revisional Court has upheld the order dated
06.05.2022 of SDM Siwan Sadar, that the petitioner created
blockade of pre-existing road requiring removal. It is further stated
that the order under Section 133 Cr.P.C of SDM, Siwan has been
duly implemented by the C.O. Barharia, vide letter No. 456 dated
21.04.2023, whereby he has given necessary direction to SHO,
Barharia.
6. Taking into consideration the entire facts and
circumstances as also the controversy raised by the parties, this
Court is of the opinion that the right, title and possession over the
land in question cannot be dealt with by this Court on the basis of
affidavits in the writ jurisdiction under Article 226 of the
Constitution of India.
Patna High Court CWJC No.9595 of 2022 dt.30-01-2024
7. With above observation, the present writ petition is
dismissed.
(Prabhat Kumar Singh, J)
Anay
AFR/NAFR N.A.F.R.
CAV DATE N/A
Uploading Date 03.02.2024
Transmission Date N/A
