Disposed

Akhileshwar Prasad v. The State Of Bihar and Ors.

Patna HC13 Jan 2016CWJC/5485/2015

Case brief

AI extract

What is this about?

This order disposed of a writ petition alleging unauthorized construction of a drain and brick soling on the petitioner's land. The court directed the petitioner to approach the District Collector for verification of the land's status.

What did the court decide?

Petitioner directed to approach District Collector for verification; if land utilized, construction to be removed within three months.

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

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5485 of 2015

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====================================================== Akhileshwar Prasad .... .... Petitioner Versus The State of Bihar & Ors .... .... Respondent/s ======================================================
Appearance : For the Petitioner : Mr. Vijay Shankar Shrivastava, Advocate For the Respondent/s : Mr. Sanjay Kr. Ozha, AC to GP-18
====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER
2 13-01-2016 The grievance of the petitioner is that a pucca nala
(drain) has been constructed upon three dhurs of his land of khesra
no. 893 appertaining to khata no. 48 of mauja Mazharia (East
Champaran) and brick soling has also been done besides the drain.

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A counter affidavit has been filed on behalf of the Principal Secretary, Department of Panchayati Raj State. He has stated in his counter affidavit that in view of law settled by this Court in case of Meira Kumar (CWJC no. 8319 of 2013), a guideline has already been prepared and circulated by the State of Bihar to all the District Magistrate which stipulates in clear terms that, without the consent of raiyat, no work for construction of drain, lane or road should be done and for this, the Circle Officer, the Mukhia of the concerned gram panchayat and the Collectorcum-District Magistrate are the concerned parties for redressal of grievances of the petitioner. However, the petitioner claims that he

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Patna High Court CWJC No.5485 of 2015 (2) dt.13-01-2016

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has already approached the Anchal Adhikari but nothing has been done though a report of Anchal Amin is already there. A map contained in annexure 3 shows that work for construction of nala and brick soling has been done on the land of the petitioner though a stand has been taken by the respondents no. 4 and 8 that the work has been done on the existing road.

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Having regards to the aforementioned facts and circumstances, this writ application is being disposed of with a liberty to the petitioner to approach the District Magistrate-cumCollector, Motihari (East Champaran) by filing a representation along with necessary documents raising his grievance. On such representation being filed, the Collector would be required to examine the matter, peruse the report of the Anchal Amin and, if required, get the land re-measured and, thereafter, take a decision as to whether the land of petitioner has been utilized in construction of drain and its side or not. If he comes to the conclusion that such work has been done on the land of the petitioner then he will take immediate steps to remove such construction from the land of the petitioner so that the original form and nature of the land is restored. He will fix responsibility also upon the persons who have violated the guidelines issued by the State Government as contained in Annexure 4 of the writ

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Patna High Court CWJC No.5485 of 2015 (2) dt.13-01-2016

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petition as well as Annexure A of the counter affidavit filed on behalf of respondent no.3. However, if he comes to conclusion that no part of petitioner’s land has been utilized in making such construction then he would be required to pass a reasoned and speaking order which should immediately be communicated to the petitioner. It is expected that the entire exercise would be completed within a period of three months from the date of receipt/ production of a copy of this order.

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(Dr. Ravi Ranjan, J.)

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rinkee/veena U

Akhileshwar Prasad v. The State Of Bihar and Ors.

Case brief

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Akhileshwar Prasad v. The State Of Bihar and Ors.

Case brief

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