Vijay Kant Sharma Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

Vijay Kant Sharma Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to file a detailed representation for redressal of his grievances before the concerned authority, as prayed for.

Issue for consideration

Whether the acts of the official respondents were arbitrary, malafide, vindictive and against well-settled principles of law (declaratory prayer (i) in the writ petition). +3 more

Ratio / Principle

At the submission of learned counsel for the petitioner, and with no objection from counsel for the State, the writ petition is disposed of with liberty to the petitioner to file a detailed representation for redressal of his grievances before the concerned authority; no substantive issue raised in the prayers was adjudicated.

Detailed headnote1 paragraphs

Patna High Court, Civil Writ Jurisdiction Case No.17787 of 2015 - Vijay Kant Sharma v. The State of Bihar and others (District Magistrate, Deputy Development Commissioner, Land Acquisition Officer, Sub Divisional Officer and Circle Officer of Khagaria, Public Works Department, Khagaria, and Project Director/Executive Engineer, IRCON India Ltd.). Bench: Sunil Dutta Mishra, J. Oral order dated 09-01-2025. The petition sought declarations that the official respondents' acts were arbitrary, malafide and vindictive; that they had no power to take forcible possession of the petitioner's purchased land or destroy/damage its potentiality; that they were duty bound to pay compensation for damage or restore the physical features of the land; and that the petitioner was entitled to 2 lakh rupees towards damages for illegal cutting of soil from his private land and construction of a public road upon it without any acquisition proceedings. At the petitioner's counsel's own instance, with counsel for the State raising no objection, the petition was disposed of with liberty to file a detailed representation for redressal of grievances before the concerned authority. No substantive claim was adjudicated; no statute or precedent was cited; single opinion, no dissent.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17787 of 2015

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

Vijay Kant Sharma, S/o Late Shri Kant Lal Thakur, R/o Malsalami, P.S.Main Road, Ashok Rajpath, Patna City, District- Patna.

... ... Petitioner/s

Versus

The State Of Bihar

The District Magistrate, Khagadia.

The Deputy Development Commissioner, Khagaria.

The Land Acquisition Officer, Khagaria.

Project Director, IRCON India Ltd., 1st Floor, Sone Bhawan, Daroga Prasad Rai Path, Patna- 800001.

Executive Engineer, IRCON India Ltd., 1st Floor, Sone Bhawan, Daroga Prasad Rai Path, Patna- 800001

Sub Divisional Officer, Khagaria.

Circle Officer, Khagaria.

Public Works Department, Khagaria.

... ... Respondent/s

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

Appearance : For the Petitioner/s : Mr. Vishal Saurabh, Advocate For the IRCON : Mr. Siddhartha Prasad, Advocate For the State : Mr. Sudhir Kumar Upadhyay, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

6 09-01-2025

The petitioner has filed this writ petition for the

following reliefs:

(i). It be declared that the acts of official respondents are arbitrary, malafide, vindictive and against the well settled principal of law.

(ii). It be declared that the official respondents have no power to take forcible possession of the purchased land of the petitioner and destroy/damage to potentiality of the lands of the petitioners.

(iii). It be further declared that the official respondents are duty bound to pay compensation

Patna High Court CWJC No.17787 of 2015(6) dt.09-01-2025 2/2

towards damage caused or to restore the physical feature of the land of the petitioner.

(iv) It be declared that petitioner is entitled to get 2 lakh towards damages caused due to illegal cutting of soil from the private land of the petitioner and further for construction of public road upon land of the petitioner without any acquisition proceeding.

Learned counsel for the petitioner submits that this writ petition may be disposed of with liberty to the petitioner to file a detailed representation for redressal of his grievances before the concerned authority.

Learned counsel for the State have no objection to this prayer of the petitioner.

In view of the submission of learned counsel for the petitioner, this writ petition is disposed of with liberty to the petitioner, as prayed for.

(Sunil Dutta Mishra, J)

khushbu/-

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