ALOK MOHAN DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioner is a resident of Ward No. 20 in Madhepura Nagar Parishad. The land in question being appertaing to Khesra No. 678J is admittedly recorded in the name of the Sudhir Nath Das, the father of the petitioner. Petitioner's grievance is that there have been notices issued by the Nagar Parishad not to deal with those lands and/ or sell those lands, as those lands are being used by public as a Kachha public road.

(3.) PETITIONER admittedly being the title holder to the land till the time he is dispossessed in accordance with the procedure established by the law cannot be denied to enjoy the same in a peaceful manner. The enjoyment of property in a peaceful manner cannot be nuisance to others, but it is the legality that has to be seen and not convenience or inconvenience. The action taken by the Nagar Parishad, thus are clearly violative of Article 300A of the Constitution, whereby the petitioner is being deprived of his property or right in his property without following the due procedure in law.