IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.5876 of 2006
RAJ NARAYAN THAKUR, SON OF LATE LAXMI KANT
THAKUR RESIDENT OF VILLAGE MOHAN AGHU, P.S.
MUFASSIL, DISTRICT BEGUSARAI.
Versus
1. THE STATE OF BIHAR
2. THE COLLECTOR-CUM-DISTRICT MAGISTRATE,
BEGUSARAI.
3. THE DEPUTY DEVELOPMENT COMMISSIONER,
BEGUSARAI.
4. THE SUB-DIVISIONAL OFFICER, BEGUSARAI SADAR.
5. THE BLOCK DEVELOPMENT OFFICER, BEGUSARAI.
6. THE CIRCLE OFFICER, BEGUSARAI.
7. THE SUB-DIVISIONAL OFFICER, TUBEWELL DIVISION-II
WORKSHOP, BEGUSARAI.
8. THE OFFICE INCHARGE, BEGUSARAI MUFASSIL POLICE
STATION, BEGUSARAI.
9. SRI ARVIND PASWAN, MUKHIA, GRAM PANCHAYAT RAJ
MOHAN AGHU, SON OF NOT KNOWN TO THE PETITIONER
RESIDENT OF VILLAGE BAJITPUR, P.O. AGHU, P.S.
MUFFASIL, BEGUSARAI.
10. SMT. VIBHA DEVI WIFE OF SRI TULSI SINGH, WARD
COUNCILLOR, RESIDENT OF VILLAGE BAIRIYA AGHU, P.O.
AGHU, P.S. MUFASSIL, DISTRICT BEGUSARAI.
11. SRI ARUN SINGH, EXECUTIVE AGENT, WARD NO.3 CUM
PANCHAYAT SEWAK, SINGHAUL, RESIDENT OF VILLAGE
AND P.S. AGHU, P.S. MUFASSIL, DISTRICT BEGUSARAI.
-----------
02/ 28.03.2011 Heard learned counsel for the petitioner and
the State.
2. Petitioner claims himself to be the raiyat
of lands detailed in paragraph-4 of the writ petition
bearing plot nos.56, 58, 59 appertaining to khata
no.168, plot nos.64, 65 appertaining to khata no.210
and plot no.67 appertaining to khata no.136 situate in
village Mohan Aghu, police station Muffasil, district
Begusarai. It is submitted on behalf of the petitioner
2
that 8 decimals of aforesaid plot no.67 was acquired by
the State Government for sinking a tubewell and laying
a drain vide Land Acquisition Case No.35 of 1967-68.
3. This writ petition has been filed asserting
that Mukhiya and other functionaries of the Gram
Panchayat Raj Mohan Aghu have laid road over
portion of the aforesaid land, including the acquired
land for the purpose of sinking the tubewell and laying
the drain. This petition was filed more than 4 years ago
but the State respondents have not disputed the
aforesaid contention by filing counter affidavit that
portion of raiyati land of the petitioner including the
acquired land for the purpose of sinking the tubewell
and laying the drain has been used for laying a road.
4. In these circumstances, I direct the
petitioner to approach the District Magistrate,
Begusarai by filing representation, who should get the
lands in question measured by the Anchal Amin and if
any portion of the raiyati land of the petitioner or any
portion of the land which has been acquired for the
purpose of sinking the tubewell and laying the drain
has been used for laying the road then the District
3
Magistrate, Begusarai shall ensure that the road is
removed from the raiyati land of the petitioner as also
the acquired land for the purpose of sinking the
tubewell and laying the drain. In this connection, I may
refer to the letter of the Sub-Divisional Officer,
Tubewell Sub-Division-II Workshop, Begusarai
bearing no.18 dated 27.2.2006, Annexure-5,
whereunder he has categorically stated that the road has
been laid over acquired land for the purpose of sinking
the tubewell and for laying the drain without the
consent of the authorities. The District Magistrate,
Begusarai shall pass appropriate orders in the matter, as
early as possible, in any case within two months from
the date of receipt of the representation of the petitioner
along with a copy of this order before him.
5. The writ application is, accordingly,
disposed of.
( V. N. Sinha, J.)
Rajesh/