Private land rights and unauthorized demolition addressed; reinstatement of petitioner's title upheld.

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

4 04-12-2025 Heard Mr. Ranjan Kumar Dubey, learned counsel for the petitioner duly assisted by Ms. Sheshadri Kumari and Mr.

Raj Kishore Roy, learned GP-18.

2. The present petition has been preferred for the following relief/s:

(i) for issuance of writ in the nature of command directing the respondent authorities to not make any construction of road over the private land of petitioner;

(ii) for issuance of writ in the nature of command directing the respondent authorities to not further demolish the boundary of the petitioner situated over the private land of petitioner without any authority of law;

(iii) for directing the respondents authorities to re construct the part of boundary wall of petitioner which has been demolished forcibly by them without any valid right and title over the same;

(iv) for issuance of writ in the nature of command directing respondents authorities to pay adequate compensation to the petitioner for illegally demolishing the boundary wall of petitioner situated over the private land of petitioner;

(v) for any other writ/writs, order/orders for which petitioner deemed entitled.

3. The matter relates to khata no. 169, plot no. 536, khata no. 135 and plot no.1439 which the petitioner claims to have been purchased by the great grand-father and they are in peaceful physical possession of it. However, aggrieved by the highhandedness attitude of the respondents, the writ petition was filed.

4. The counter affidavit has come on behalf of respondent no. 2, 5 to 7 duly filed by the Circle Officer, Dhaka, East Champaran.

5. The learned State Counsel has taken this Court to paragraphs 7 and 8 which read as follows:

7. that, as par as para no. 9 to 15 is concerned, that in the year 2015 Kishore Kumar filed a petition before the Sub- Divisional Officer, Sikrahana alleging that the way to polling booth no. 191 and 192 has been been blocked. Accordingly, the Sub-Divisional Officer, Sikarahana directed the Circle Officer, Dhaka vide letter no. 344 (confidential) dated 20.10.2015 to inquire into the matter. In compliance thereof the Circle Officer after inquiry found that no obstruction over approach road of the polling booths concerned was there.

The petitioners house in situated near the temple and there in an old wall near his house, The petitioner claims it over his raiyati plot no. 536. There is a narrow way (Pugdandi) by the side of the wall in question and the temple which goes toward polling booths no. 191 and 192, The Circle Officer, Dhaka submitted report vide letter по 1193 dated 28.10.2015 (Annexure 7) of the writ application. On measurement it has been found that the Pugdandi going from P.M.D. Road (main road) towards temple is situated over private lands.

8. that, as far as para no. 16 and 17 in concerned, since the land over which the soil feeling and brick soling was proposed, is raiyati / private land as such no work has been done. As regards the demolition of boundary wall is concerned, no such record or order is found. The allegation of demolition of boundary wall on the part of answering respondents is wrong.

6. Learned State Counsel submits that on the basis of said report, the respondents have withdrawn themselves from the land of the petitioner.

7. In view of the stand of the State, the case has become infructuous, the petitioner has a right to enjoy the fruits of the land in question.

8. The writ petition is disposed of with the aforesaid observation.

(Rajiv Roy, J)