Ram Vinod Vallabh & Ors vs The State Of Bihar & Ors on 1 August, 2017

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Patna High Court - Orders

Ram Vinod Vallabh & Ors vs The State Of Bihar & Ors on 1 August, 2017

Bench: Dinesh Kumar Singh

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.14328 of 2015
                 ======================================================
                 Ram Vinod Vallabh & Ors
                                                                       .... .... Petitioner/s
                                                    Versus
                 The State of Bihar & Ors
                                                                      .... .... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr. Madhuri Lata
                 For the Respondent/s       : Mr. GP5- Rajiv Roy
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
                 ORAL ORDER

2   01-08-2017

The petitioner is aggrieved by blockade of the public road situated on M.S. Plot No. 2945, by respondent no.4, Suresh Chaudhary.

It is submitted by learned counsel for the petitioner that on the land in question, RCC road has been constructed with estimated cost of Rs.9 lacs through the office of the Collector, West Champaran, Bettiah, but the said road has been blocked.

Though, counter affidavit has been filed on behalf of respondent nos. 2 and 3, Sub-Divisional Magistrate, Patna City and Executive Magistrate, Patna City, suggesting that the land in question is a private land and not a public land, whereas report of the Executive Magistrate dated 23.07.2015, as contained in Annexure-6, submitted to S.D.O., Patna City, suggests that the road in question is used by public at large, but the counter affidavit does not specify that as to under what circumstances, public Patna High Court CWJC No.14328 of 2015 (2) dt.01-08-2017 2/2 money was used for construction of that road. Moreover, if the S.D.O., Patna City and Executive Magistrate, Patna City, claim to know about the blocking of the road in question, then why steps have not been taken for initiation of the proceeding under the Bihar Public Land Encroachment Act.

In the circumstances, let the respondent nos. 1 to 3 file separate supplementary counter affidavit within a period of four weeks.

Issue notice to respondent no.4 under ordinary process as well as registered cover with A/D for which requisites must be filed within three weeks, failing which this application shall stand rejected without further reference to the Bench.

Put up this matter on 1st of September, 2017.

(Dinesh Kumar Singh, J) Amrendra/-

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Patna High Court - Orders