IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL WRIT JURISDICTION CASE NO.2913 OF 2008
OM PRAKASH SINGH, SON OF LATE THAKUR PRASAD
SINGH, RESIDENT OF MOHALLA TAMTAM PARAO,
PHULWARI, POLICE STATION PHULWARI, TOWN AND
DISTRICT PATNA
VERSUS
1. THE STATE OF BIHAR
2. THE SECRETARY, HIGHWAY CONSTRUCTION
DEPARTMENT (WEST), OLD SECRETARIAT, PATNA
3. THE EXECUTIVE ENGINEER, HIGHWAY
CONSTRUCTION DEPARTMENT (NH 98), PATNA
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3 20/10/2011 This writ application is being disposed of
without any counter affidavit.
The petitioner is aggrieved by Annexure-2 by
which the Executive Engineer, Highways Construction
Department, NH 98 has put a mark on the residential
house of the petitioner and asked him to remove part6
of the residential house.
The case of the petitioner is that the lands are
his raiyati lands and this fact has been confirmed by a
degree of the competent civil court between his vendors
and him in Title Appeal No. 223 of 1978.
This Court has no way of knowing whether
these lands have been marked for the purpose of
acquisition or whether they have been marked under
any other proceedings. Whatever be the reasons for
marking the house of the petitioner for the purposes of
removing or demolishing part of the house, it cannot be
2
done without following the due procedure as laid down
under the law.
I, therefore, direct that the petitioner should
produce a copy of this order before the respondents 2
and 3 who will act in accordance with law and pass an
appropriate order before demolishing any part of the
house, if it has not yet been done.
This writ application is disposed of with the
aforesaid observations and directions.
Anand ( Sheema Ali Khan, J.)