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1997 Supreme(Pat) 806

AFTAB ALAM
Nagendra Singh – Appellant
Versus
State Of Bihar – Respondent


Judgment

Aftab Alam, J.

1. This writ petition arises from a dispute regarding right of way claimed by respondents 2 to 4 over portions of certain plots of land owned and possessed by the petitioner According to the petitioner plot Nos. 735 and 733 (old plot Nos. 370 and 371) under Khata No. 295 situate in village Ankhora, P.S. Daudnagar in the. district of Aurangabad are his Khatians land and he is in peaceful possession over these plots. He makes a grievance that respondents are indulging in acts causing disturbance to his possession over the land and are threatening to forcibly construct a road passing through the two plots.

2. Respondent No. 2 is the District Magistrate, Aurangabad, Respondent No. 4 is the Executive Magistrate, Aurangabad College, Aurangabad. They claim the right of way over portions of the two disputed plots, along with a number of other plots with which we are not concerned in this case, for going to the Daudnagar College from Daudnagar-Patna road which runs at some distance towards West from the college. According to them through long user the staff and the students of the College had acquired an easementry right by prescription. It was further their case that










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