Disposed¶31

Raj Kishore Singh v. The State Of Bihar and Ors.

Patna HC5 Sept 2024CWJC/18114/2015

Case brief

AI extract

What is this about?

Raj Kishore Singh v. State of Bihar; Patna High Court; CWJC No.18114 of 2015; order dated 05-09-2024; Mohit Kumar Shah, J; raiyati land; brick soling; road constructed without land acquisition; encroachment removal or compensation; writ of mandamus; Rural Engineering Organisation (R.E.O.) Muzaffarpur; District Magistrate, Muzaffarpur; six weeks compliance direction; State counsel admission of encroachment; petition disposed of.

What did the court decide?

Writ petition disposed of with a direction to the District Magistrate, Muzaffarpur to either remove the road built over the petitioner's private raiyati land or pay compensation in lieu thereof within six weeks by due process of law. ¶31

Raj Kishore Singh Vs The State Of Bihar and Ors. — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18114 of 2015

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Raj Kishore Singh Son of Late Ram Bahadur Singh Resident of Village - Rampur Asli, P.O. Karnaul, P.S. Sahebganj, District - Muzaffarpur.

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... ... Petitioner/s

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Versus

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The State Of Bihar

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Principal Secretary Rural Development Department, Government of Bihar, Patna.

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Chief Engineer Rural Engineering Organisation Bihar, Patna.

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Superintending Engineer, R.E.O. Circle Muzaffarpur.

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Executive Engineer R.E.O. Work Division No. 2 Muzaffarpur West District - Muzaffarpur.

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Assistant Engineer, R.E.O. Sub-Division Sahebganj District - Muzaffarpur.

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District Magistrate, Muzaffarpur.

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Anchal Adhikari, Anchal Sahebganj, District Muzaffarpur.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr.Arun Kumar, Adv. For the Respondent/s : Mr.M.K. Ambastha, Adv. Mr. Tripurari Nath Ambastha, AC to SC-26

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

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3 05-09-2024

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The present writ petition has been filed seeking the

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following relief:-

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“1. To issue a writ of mandamus or any writ or writs, direction or directions commanding upon the respondents to remove the brick soling made on the Raiyati land of the petitioner within a period fixed by this Hon'ble Court as the respondents without acquiring the land of the petitioner have made brick soling on their land.”

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At the outset, the learned counsel for the Respondent-

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Patna High Court CWJC No.18114 of 2015(3) dt.05-09-2024 2/2

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State has admitted that the road has been constructed over the private raiyati land of the petitioner, hence, in case, this Court directs, steps would be taken to either remove the encroachment made over the private raiyati land of the petitioner or grant of compensation in lieu of the private raiyati land of the petitioner used for the purposes of construction of road.

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Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the District Magistrate, Muzaffarpur, to either remove the road constructed over the private raiyati land of the petitioner or pay compensation in lieu thereof to the petitioner, within a period of six weeks from today, by taking recourse to the due process of law.

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Accordingly, the present writ petition stands disposed off on the aforesaid terms.

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(Mohit Kumar Shah, J)

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Ajay/- U

Raj Kishore Singh v. The State Of Bihar and Ors.

Case brief

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Raj Kishore Singh v. The State Of Bihar and Ors.

Case brief

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