RAJARSHI KUMAR, SON OF LATE SAROJ KUMAR, RESIDENT OF VILLAGE + P.O. + P.S. Vs. INDIAN RAILWAY, THROUGH ITS GENERAL MANAGER, EAST CENTRAL RAILWAY, HAJIPUR

JUDGEMENT

(1.) Heard Mr. Kamal Nayan Choubey for the petitioner, Mr. A.K. Keshari for the respondent-Railways, Mr. Rajiv Prakash for the respondent nos. 4 and 5 as well as the counsel for the State.

(2.) The writ application invokes the extraordinary equitable jurisdiction of the Court to direct the respondents, particularly, the respondent Railways to remove the encroachment from the land of the petitioner appertaining to plot nos. 96 (78.6 decimals) and 97 (15 decimals) in Mouja-Bihta, in the District of Patna and a further direction upon the respondents to provide passage to the land of the petitioner.

(3.) According to the petitioner, owing to acquisition of land made by the respondent-Railways several decades ago, the land of the petitioner has become inaccessible. Alternatively, a prayer is made to direct the respondent-Railways to acquire the land of the petitioner on payment of adequate compensation.