Dismissed

Janardan Prasad Yadav v. The State Of Bihar and Ors.

Patna HC28 Jan 2016CWJC/14784/2015

Case brief

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What is this about?

The Patna High Court disposed of a writ application filed by a petitioner complaining of forcible construction of a public road on his land. The Court permitted the petitioner to file a fresh representation with supporting documents before the Collector, directing an inquiry and remedial steps within two months.

What did the court decide?

Petitioner permitted to file fresh representation before the Collector; Collector directed to examine grievance and take remedial steps within 02 months; District Magistrate to afford hearing opportun

Janardan Prasad Yadav Vs The State Of Bihar and Ors. — Land Acquisition | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.14784 of 2015

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====================================================== Janardan Prasad Yadav S/o Late Mogal Yadav, R/o Village Bahadur Singh, Uttar Bari Chakla, PO- Sukhasan Chakla, P.S. & District- Madhepura

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.... .... Petitioner/s Versus 1. The State of Bihar through the Principal Secretary, Rural Development Department, Govt. of Bihar, Patna 2. The Commissioner, Koshi Division, Saharsa, District- Saharsa 3. The District Magistrate cum Collector, Madhepura, District- Madhepura 4. The Land Reforms Deputy Collector, Madhepura, District- Madhepura 5. The Sub Divisional Officer, Madhepura, District- Madhepura 6. The Anchaladhikari, District- Madhepura 7. Sri Udya Krishna Yadav, Anchaladhikari, Madhepura, S/o Meet Lal Yadav, R/o village Mirchaiwari, P.S. Janki Nagar, District- Purnea 8. Sri Dhirendra Singh, Halka Karamchari, Madhepura Anchal, S/o Late Sahdeo Singh, R/o Village- Murlichandwa, PS Udakishunganj, District Madhepura 9. Sri Dev Narayan Yadav, Anchal Amin, Anchal Madhepura, S/o Late Mangan yadav, R/o Village Bhelwa, PO Bhawani, P.S. Gamharia, District Madhepura

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.... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Sharda Nand Mishra For the Respondent/s : Mr. Anil Kumar Sinha- GA-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER

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2 28-01-2016 Heard Mr. Sharda Nand Mishra for the petitioner and A.C. to G.A.9 for the State.

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With the consent of the party, the writ application is heing disposed of at this stage.

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In essence, the grievance of the petitioner is that the respondents are forcibly constructing Aam Rasta on his khatiyanti lands bearing khata no.74, khesra no.287, area 21

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Patna High Court CWJC No.14784 of 2015 (2) dt.28-01-2016

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decimals under Mauza Bahadur Singh Chakla, thana no.78 & khata no.303, khesra no.1106, area 20 decimals under Mauza Sukhasan, both falling in the district of Madhepura. It is sated that a grievance application in this regard was filed by the petitioner before the Deputy Collector, Land Reforms, Madhepura, who took cognizance of the matter and directed the Circle Officer to take needful action/steps.

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The contention of the petitioner is that that such encroachment and forcible construction of Aam Rasta was undertaken with the consent of the Circle Officer. At no point of time the respondents obtained consent of the petitioner or took steps for acquisition of the land. The petitioner has already represented his case before the Collector, Madhepura, vide Annexure-3, but no action/step has been taken on his representation.

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Mr. Mishra states that the petitioner would be satisfied if this Court disposes of this writ application by directing the Collector to look into the complaint/grievance of the petitioner and take remedial measures/steps.

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Considering the said stand taken by the petitioner, counsel for the State has not objected to disposal of the writ application.

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Having heard the parties, writ application is disposed of by

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Patna High Court CWJC No.14784 of 2015 (2) dt.28-01-2016

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permitting the petitioner to file a fresh representation, supported by all documents including the present order before the respondent-Collector within 03 weeks whereafter the said respondent will consider/examine the grievance of the petitioner and take remedial steps/measures in accordance with law as quickly as possible preferably within 02 months from the date of filing of such representation. If need be, the respondent-District Magistrate shall afford an opportunity of hearing to the petitioner before taking a decision on his representation.

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(Kishore Kumar Mandal, J)

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HR/-

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Janardan Prasad Yadav v. The State Of Bihar and Ors.

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Janardan Prasad Yadav v. The State Of Bihar and Ors.

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