Research › Search › Judgment

Patna High Court · body

2019 DIGILAW 134 (PAT)

Krishna Kumar Singh Arya @ Heera Lal Yadav S/o Late Keshwar Prasad Yadav v. State Of Bihar through the Principal Secretary

2019-01-22

SUDHIR SINGH

body2019
ORDER : Heard the parties. In the present writ application, the following reliefs have been sought for on behalf of the petitioner : (i) For setting aside the recommendation letter No.799 dated 31.3.2018 issued by the Circle Officer, Ekangarsarai, Nalanda, by which respondent No.8 gave no objection for construction of Godown for onion & Rice Millto Telhara Panchayat, which is situated in Mauza Telhara, Thana No.9, Khata No.498/495, Khesra No.2058/1740, area 28 dismal, Anchal Ekangarsarai, District Nalanda. (ii) For direction to the respondents authority to initiate legal proceeding either under Land Encroachment Act or under Land Acquisition Act before construction of Godown for Onion and Rice Mill. The respondent State has directed for construction of godown on the land in question as above referred treating the land to be a public land. On behalf of the petitioner, it is submitted that the said land belongs to the petitioner and he is the title holder. The dispute is in respect of title of the land. Thus, it cannot be be decided under writ jurisdiction. Considering the aforesaid facts and circumstances, the petitioner is directed to file a suit before the Civil Court with competent jurisdiction. With the aforesaid observation and direction, the present writ application stands disposed of.