Disposed

Rajnarayan Sah, v. The State of Bihar

Patna HC11 Mar 2024CWJC/4042/2020

Case brief

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What is this about?

The Patna High Court disposed of a writ petition seeking mandamus to conduct an enquiry and restrain road construction on disputed land. The Court directed respondents to complete measurement and payment matters based on accepted facts within four months.

What did the court decide?

Respondents directed to complete the measurement of disputed land and make payment within four months from the filing of the representation.

Rajnarayan Sah, Vs The State of Bihar — Land Acquisition | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4042 of 2020

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Rajnarayan Sah, s/o Late Asharfi Sah, resident of village and P.O.- Chatursi, P.S.- Chatursi, District- Muzaffarpur.

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... ... Petitioner/s

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Versus

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The State of Bihar, Principal Secretary, Road Construction Department, Govt. of Bihar, Patna.

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The Principal Secretary, Road Construction Department, Govt. of Bihar, Patna.

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The Principal Secretary, Rural Works Department, Govt. of Bihar, Patna.

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The Engineer-in Chief, Road Construction Department, Govt. of Bihar, Patna.

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The Chief Engineer, North Bihar Section, Road Construction Department, Govt. of Bihar, Patna.

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The District Magistrate, Muzaffarpur, District- Muzaffarpur.

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The Circle Officer, Siwaipatti, Circle- Minapur, District- Muzaffarpur.

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The Executive Engineer, Road Construction Department, Muzaffarpur (West).

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The Executive Engineer (Esexutive Agency), Rural Works Department, Muzaffarpur (West).

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M/s Jai Construction through its proprietor namely Dipul Rai, resident of -Nauriman, P.S.- Rajepur, District- East Champaran.

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... ... Respondent/s

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======================================================

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Appearance : For the Petitioner/s : Mr. Shashi Bhushan Singh, Advocate For the Respondent/s : Mr. Swapnil Kumar Singh, AC to GP-19 ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

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8 11-03-2024 Heard the parties.

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The present writ application has been preferred for

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the following relief:

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“(i) For issuance of an appropriate writ in the nature of Mandamus commanding and directing the respondents to conduct an enquiry

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Patna High Court CWJC No.4042 of 2020(8) dt.11-03-2024 2/5

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in view of letter contained in Memo No. 7908 dated 16.10.2019 issued under the signature of respondent no.4.

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(ii) For issuance of an appropriate writ in the nature of Mandamus commanding and directing the respondents to restrain the respondent no.7 and 8 for construction of the road on following plots (i) Khata No. 15, Khesra No.1, Area 2 katha 1.5 dhur from West-North Side (ii) Khata No. 15, Khesra No.863, 864, Area 2 katha 12 dhur from West side and (iii) Khata No. 15. Khesra No.876, Area 1 katha 14 dhur under Village-Hardepatti to Kuama which is being started under Chief Minister Rural Scheme and further a direction for removal of encroachment from said land since without acquisition of land and any legal proceeding, the authorities are usurping the private land of the petitioner forcefully, particularly when the Anchal Amin has found that land of the petitioner has been encroached.

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(iii) For issuance of any other appropriate

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Patna High Court CWJC No.4042 of 2020(8) dt.11-03-2024 3/5

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writ/writs, order/ orders, direction/ directions for which the writ petitioner shall be found entitled

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under the facts and circumstances of the case.”

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A supplementary counter-affidavit on behalf of the respondent Nos. 6 and 7 is on record and paragraphs 7 to 9 read as follows:

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“7. That Anchal Adhikari Minapur constituted a committee of three Amins namely Sri Satyendra Kumar Sri Rakesh Kumar and Sri Sumit Kumar for measurement of the land in question and accordingly they reached on spot on 10.02.2024 and in the presence of Halka Karamchari, Rajaswa Adhikari, Anchal Adhikari Minapur, Local persons and also in the presence of petitioner Raj Narayan Sah, land in question was measured and the committee submitted their report before C.O. Minapur stating that a road has been constructed over the land of the petitioner which is as follows:-

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Khata No.	Khesra No.	Area	Remarks
15	1	8 ½ Dec.	From North

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Patna High Court CWJC No.4042 of 2020(8) dt.11-03-2024 4/5

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			West
15	863	1.4 Dec.	From West
15	864	3.6 Dec.	From West
15	876	3 ¾ Dec.	From West

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8. That Anchal Amin submitted trace

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map of the disputed land, measurement report and also a memorandum of measurement duly signed by local persons and all concernings.

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9. That thereafter Assistant Collector cum C.O. Minapur sent Letter No. 300 dated 12.02.2024 to the Executive Engineer, Rural Work Department, Work Division, Chakiya, East Champaran for necessary action regarding the matter in dispute.”

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In that background, the respondent Nos. 6 and 8 are directed to take the matter to its logical conclusion inasmuch as having accepted the aforesaid facts as incorporated in the matter they are duty bound to make payment.

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The aforesaid exercise be completed within a period of four months from the filing of the representation

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Patna High Court CWJC No.4042 of 2020(8) dt.11-03-2024 5/5

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alongwith the order by this petitioner.

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CWJC No. 4042 stands disposed of.

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(Rajiv Roy, J)

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Adnan/-

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Rajnarayan Sah, v. The State of Bihar

Case brief

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Rajnarayan Sah, v. The State of Bihar

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