Held that the writ application lacks substance as the counter affidavit denied the alleged land belonged to the Department and no road construction was undertaken. Petitioner directed to approach District Magistrate for grievance.
Writ application dismissed; petitioner at liberty to approach District Magistrate for grievance.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15583 of 2013
====================================================== 1. Amarnath Mahto S/O Late Sita Ram Mahto Resident Of MohallaLangartoli, Police Station- Kadam Kuan Town, District- Patna. .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Collector, Patna, Distt- Patna. 3. The Secretary Public Work Department, Bihar, Patna. 4. The Secretary Public Health Engineering Department, Bihar, Patna. 5. The Circle Officer, Phulwari, Patna. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Navin Kumar For the Respondent/s : Mr. Kumar Sachin ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 3 07-04-2014 Heard.
The writ application alleges that the respondents have constructed road on the land of the petitioner being Survey Plot No. 217, Khata No. 28, Thana No. 25 measuring an area of 25 decimals situated under Mauza Sahebuddin Pakri (now Malahi Pakri) under Police Station-Kankarbagh, Patna. No compensation after measurement therefor was paid to the petitioner.
A counter affidavit has been filed on behalf of the Respondent no. 3 Executive Engineer, New Capital Road Division, Patna in which it has been stated that the said land/plot did not belong to the Department and no work of construction of road has been done by the Road Construction Department. Counsel for the State relying on the statements made therein has
Patna High Court CWJC No.15583 of 2013 (3) dt.07-04-2014
2
submitted that the grievance of the petitioner made in the writ application is without any basis and merits to be dismissed.
The pleadings made in the writ petition indicate that
the grievance was raised against the Road Construction Department of the Government. In view of the clear stand taken in the counter affidavit, this Court finds no substance in the writ application. However, if any such grievance is required to be raised, if at all necessary, then the petitioner shall be at liberty to raise such issue before the District Magistrate, Patna for consideration and disposal in accordance with law.
The writ application is dismissed but with the aforesaid observation.
(Kishore Kumar Mandal, J)
Pankaj/-
1 issue framed by the court
Writ application alleging unauthorized construction of road on petitioner's land without compensation.
AMARNATH MAHTO
THE STATE OF BIHAR
THE COLLECTOR, PATNA
THE SECRETARY PUBLIC WORK DEPARTMENT, BIHAR
THE SECRETARY PUBLIC HEALTH ENGINEERING DEPARTMENT, BIHAR
THE CIRCLE OFFICER, PHULWARI, PATNA
KISHORE KUMAR MANDAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
