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2019 Supreme(Pat) 1776

MOHIT KUMAR SHAH
Hasan Tauheed S/o-Abdul Wahieed – Appellant
Versus
State Of Bihar through the Secretary Panchayat Rajya Department, Government of Bihar, Patna – Respondent


Advocates Appeared:
For the Petitioners: Mr.Ravindra Kumar
For the Respondents: Mr.Kumar Alok- Sc7

ORAL JUDGMENT :

The present writ petition has been filed for restraining the respondents from constructing Panchayat Sarkar Bhawan at Tola Labhri of Kerap Panchayat at Khata No. 35, Plot No. 3522, Area 5 Bigha, 6 Kattha, 10 dhoor, which is the private land of the petitioner and recorded as Gair Majarua Malik.

2. The brief facts of the case, according to the petitioner, are that in pursuance to the scheme launched by the Government of India for construction of full-fledged office for each Gram Panchayat named as Panchayat Sarkar Bhawan, the Mukhiya of the Gram Panchayat in question passed a resolution for construction of the Panchayat Sarkar Bhawan at Kerap Tola, Labhri and thereafter, building materials were stored near Khata No. 35, Plot No. 3522, which is the private land of the petitioner and then, the petitioner is said to have inquired and he came to know that the Panchayat Sarkar Bhawan is going to be constructed on his private land.

3. The learned counsel for the petitioner has submitted that with regard to Khata No. 35, Plot No. 3522, Area 5 Bigha, 6 Kattha, 10 dhoor situated at Tola Labhri under the Kerap Panchayat, the learned Additional Judge II, Gaya has passed a decree

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