Sikandar Sahani vs The State Of Bihar And Ors
2025 Latest Caselaw 2352 Patna

Patna High Court

Sikandar Sahani vs The State Of Bihar And Ors on 21 March, 2025

Author: Rajesh Kumar Verma

Bench: Rajesh Kumar Verma

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.19555 of 2015
     ======================================================
     Sikandar Sahani Son of Chanachal Sahani resident of Village- Loma, P.s
     Gaighat, District Muzaffarpur.

                                                               ... ... Petitioner/s
                                        Versus
1.   The State of Bihar and Ors
2.   The District Collector, Muzaffarpur.
3.   The B.D.O. Gaighat Block , Muzaffarpur.
4.   The Circle Officer, Gaighat Block, Muzaffarpur.
5.   The Mukhiya ,Gram Panchayat Raj Loma, Gaighat Block
6.   The Panchayat Secretary, Gram Panchayat Raj Loma, Gaighat Block..
7.   The Secretary, Road Construction Department, Bihar.
8.   The Secretary , Rural Development Department, Bihar.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr. Sunil Kumar
     For the Respondent/s   :      Mr. Anshuman Singh, GP-24
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
     ORAL JUDGMENT
      Date : 21-03-2025

                    Heard learned counsel for the petitioner and learned

      counsel for the State.

                  2. The present writ petition has been filed for

      directing the respondents to remove the construction of road on

      private land of the petitioner bearing Khata No. 36, Plot No.

      710, measuring area 1 acre 10 decimal.

                  3. Learned counsel for the petitioner submits that the

      petitioner had purchased the aforesaid land from one Surendra

      Prasad Mishra through the registered sale deed executed on
              Patna High Court CWJC No.19555 of 2015 dt.21-03-2025
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                      09.03.1990

and the same was mutated in the favour of the

petitioner. He further submits that the Mukhiya and the

Panchayat Secretary of the said Panchayat have started the

construction of public road over the said land of the petitioner

and the petitioner approached before the authority concerned,

but no action has been taken by them, then the petitioner has

approached before this Court and filed the present writ petition.

3. Learned counsel for the State has filed a counter

affidavit stating therein that the Mukhiya with assistance of the

villagers removed the said bricks soling construction over the

land of the petitioner and pursuant to that, the Circle Officer has

issued a letter which suggests that the road over the land of the

petitioner has been removed by the authority concerned.

4. Considering the stand taken by the State

respondent, the present writ petition stands disposed of.

(Rajesh Kumar Verma, J)

Jyoti Kumari/-

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Uploading Date          24.03.2025
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