Dismissed

Om Prakash Gupta v. The State Of Bihar and Ors.

Patna HC4 Apr 2014CWJC/14925/2013

Case brief

AI extract

What is this about?

A Civil Writ Jurisdiction case where the petitioner alleged road construction on his land without acquisition. The administration denied claims, stating villagers performed repairs via Sharmdan without government sanction. The court dismissed the petition but granted liberty.

What did the court decide?

Application dismissed; liberty granted to raise the dispute before the appropriate authority.

Om Prakash Gupta Vs The State Of Bihar and Ors. — Patna HC (2014) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14925 of 2013

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====================================================== 1. Om Prakash Gupta Son Of Late Shiv Kumar Lal Resident Of Mohalla - Mithapur, P.O.- G.P.O., P.S.- Jakkanpur, District - Patna .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Principal Secretary, Revenue and Land Reforms Department 3. The Collector, Patna 4. The Block Development Officer, Sampatchak, Patna 5. The Circle Officer, Sampatchak, Patna .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER

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6 04-04-2014 Heard Mr. Gaurav Govind for the petitioner, Mr. Sanjay Kumar Verma for the intervenor respondent and AC to SC-6 for the State.

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A counter affidavit has been filed on behalf of the respondent nos. 3, 4 and 5 affirmed by the Circle Officer, Sampatchak.

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It is the contention of the petitioner that the local administration is laying road over the land of the petitioner detailed in paragraph no.4 of the application without his consent and/or acquiring the same after payment of compensation therefor.

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The petitioner filed the present application seeking a direction upon the respondents to forbear from making any construction of road on the land, details whereof, have been set out

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Patna High Court CWJC No.14925 of 2013 (6) dt.04-04-2014

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in para 4 without acquiring the same and paying adequate compensation therefor.

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In paragraph nos. 8 and 9 of the counter affidavit the

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respondents have stated as under:-

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“8.That B.D.O. and C.O., Sampatchak jointly enquire the matter in the presence of local Mukhiya and the villagers. The land in question i.e. khata no. 129, Plot No. 418, area 16 katha belongs to the petitioner. The land has been already been mutated and rent receipt issued in favour of petitioner and his wife. The local villagers and Mukhiya stated that the road existing since last 20 years. They also stated that presently repairing work of the road have been done by local villagers through “Sharmdan”. In this connection it is made clear that the said road has neither been constructed under any plan or under the Panchayat Yojana or District Yojana or MANREGA Yojana.

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9. That it is humbly submitted that road in question is connection to village “ Laxmichak Pull” to Bakri Chipura Main Road. There is no sanction plan/under scheme of Govt. or Local bodies in regard to construction of the road in question so the respondents have no way concern about the construction of the road.”

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From perusal whereof, it appears that the respondents

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particularly the administration at the Block level have clearly denied the allegations that any road is being constructed by the Government on the land claimed/owned by the petitioner, details whereof, have already been noticed hereinabove. Construction or

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Patna High Court CWJC No.14925 of 2013 (6) dt.04-04-2014

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repair work, if any, is being carried out by the local villagers.

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This Court, in view of the aforesaid as also considering the fact that such dispute, if any, should have been appropriately raised before the appropriate authority/forum in accordance with law, disposes of this application granting the petitioner the said liberty.

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In view of the aforesaid this Court does not feel inclined to consider the Interlocutory Application being I.A. No. 2073 of 2014 filed by Bijay Singh @ Mahanand Singh . The said I. A. No. 2073 of 2014 is also, accordingly, disposed of.

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(Kishore Kumar Mandal, J)

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Shyam/-

Om Prakash Gupta v. The State Of Bihar and Ors.

Case brief

What is this about?

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Om Prakash Gupta v. The State Of Bihar and Ors.

Case brief

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What did the court decide?

What the court decided

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