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Judgment
Gautam Kumar Choudhary, J
In the instant writ petition, the question at hand is, can a person having right, title and possession over a land, be restrained from proceeding with the construction work on the ground that in future the said land will be acquired?
The petitioner claims to be having right, title and possession over area of 181/4 decimals of land situated at Mauza Itkhori, P.S. Itkhori, Thana No.45, Tauji No.28, Khewat No.1, appertaining to Khata No.137, Plot No.523/4007, District Chatra.
Petitioner is aggrieved by the letter dated 16.01.2019 of the Circle Officer-cum- Secretary, Maa Bhadrakali Mandir Management Committee, Itkhori whereby and whereunder he has been restrained from proceeding with construction without taking formal recommendation of the Committee of the Temple and others.
It is submitted by the learned counsel on behalf of petitioner that unless land acquisition proceeding is initiated, the petitioner cannot be restrained from construction work.
In this regard, a representation has been submitted to the Deputy Commissioner, Chatra, Jharkhand on 08.12.2023, but the same has not been disposed of and the construction work is restrained, without formal order by the competent authority.
Considering the submission, respondent no.2 is directed to dispose of the representation dated 08.12.2023 within eight weeks from the date of receipt of copy of this order.
Writ Petition stands disposed of. Interlocutory Application, if any, is disposed of.