Ripusudan Singh vs State of Bihar - 2023 Supreme(Pat) 253

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Pat) 253

MOHIT KUMAR SHAH
Ripusudan Singh – Appellant
Versus
State of Bihar – Respondent

Advocates:
For the Petitioner: Mr. Ajeet Singh.
For the State : Mr. Kumar Alok-SC7.

Mohit Kumar Shah, J.—The present writ petition has been filed for directing the respondents to remove the Nala constructed illegally upon the raiyati land of the petitioner.

2. The brief facts of the case, according to the petitioner, are that the petitioner had filed a complaint before the Anumandaliya Lok Shikayat Niwaran Padadhikari, Sub-division, Siwan bearing Case No. Anany Sankhya 516110107091600362 dated 07.09.2016 alleging therein that the respondents, especially the Mukhiya of the concerned panchayat had illegally constructed Nala over the raiyati land of the petitioner, whereupon the said complaint was disposed off by an order dated 17.10.2016, directing the petitioner to approach the competent authorities/officials, however, it was recorded in the said order that the land in question is a raiyati land, belonging to the petitioner and the Nala is crossing from behind the house of the petitioner. Thereafter, the petitioner had moved the Deputy Collector-cum-first Appellate Authority, Siwan, who had passed an order dated 31.12.2016, holding that the construction of the Nala, made over the raiyati land of the petitioner is illegal, hence the same should be removed. Nonetheles