NAGENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(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 there was already a road in existence for the past about twenty years, passing through the two plots and it was incorrect to allege that the respondents were constructing a new road over the two plots.

(3.) The college is constructed on plot No. 841 (old Plot No. 593). From a copy of the survey map made Annexure-6 to the reply affidavit filed by the petitioner this plot appears to be surrounded from all side by raiyati plots presumably agricultural in nature; in other words the founders of the college in their wisdom selected for the sits of the college a piece of land which is completely land locked. As indicated above, at some distance towards West from the college runs the Daudnagar Patna road. Adjacent East to the road is plot No. 735 and East to it plot No. 733; adjacent East to plot No. 733 is a narrow strip which is shown in the survey map as District Board road; East of the District Board road there are three or four plots and then comes plot No. 841, the site of the college.