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Patna High Court dismisses plea challenging use of village road by respondents

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The Patna High Court dismissed a Public Interest Litigation (PIL) filed alleging that villagers right of using the road is being interfered by the respondents.

It is the petitioner’s case that for about 50 years, around 5,000 villagers were using the village road constructed under the Pradhan Mantri Gramin Sadak Yojana connecting Mahurar village and Bapu Nagar village to Dobhi Highway. The said right is being interfered by the respondents.

Petitioner claims to be a resident of the concerned village. It is the petitioner’s case that the lands, on which the village road is claimed to have been constructed, belongs to Magadh University, which now has been transferred to Indian Institute of Management (IIM). The petitioner, however, claims that the road was constructed after taking No Objection Certificate (NOC) from the Magadh University. The NOC, however, has not been placed on record.

In view of the nature of the claim involving disputed questions of right, title and possession sought to be raised by the petitioner, the Division Bench of Chief Justice K. Vinod Chandran and Justice Madhuresh Prasad is not inclined to entertain the writ petition, much less a PIL.

“The petitioner, however, would be at liberty to raise the issue in appropriate proceedings. This Court finds no issue of public interest which is required to be considered under the extraordinary discretionary writ jurisdiction”, the order reads.

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