Bhushan Sharma vs The State Of Bihar
2021 Latest Caselaw 2421 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.10205 of 2020
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Bhushan Sharma son of Shiv Sharan Singh resident of Village- Neori, P.O.- Neora, Police Station- Bihta, District- Patna.

... ... Petitioner/s Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2. The Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

3. The Director General of Police, Government of Bihar, Patna.

4. The Inspector General of Police, Patna Zone, Patna.

5. The Divisional Commissioner, Patna Division, Patna.

6. The District Magistrate, Patna.

7. The Senior Superintendent of Police, Patna.

8. The Deputy Superintendent of Police, Danapur, Patna.

9. The Deputy Collector, Land Reforms, Danapur, Patna.

10. The Circle Officer, Bihta, Patna.

11. The Station House Officer, Neura, Bihta, Patna.

12. Mr. Mahesh Yadav, resident of Village- Usari, P.S.- Shahpur, District- Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Shiva Shankar Prasad Singh Mr. Pushpendra Priyadarshi, Advocates For the Respondent/s : Mr. Md. Khurshid Alam, AAG 12 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.)

Date : 21-06-2021 Heard the parties.

Petitioner has prayed for following reliefs:-

"(I) For issuance of an appropriate writ, order or

direction in the nature of mandamus directing and Patna High Court CWJC No.10205 of 2020 dt.21-06-2021

commanding the respondents to remove encroachment

made over public land Gair Majarua Aam in nature

(Government land) of Khata No.124, Plot No.1263, Area

3.20 acre, khata no.125, plot no.562, area 1.6 acre, plot

no.1263/1288 area 32 dec., situated within old Mauza-

Neura, Thana No.76 by respondent no.12, which is at

present river.

(ii) For issuance of an appropriate

writ, order or direction to the respondents to act on the

applications which are given by General Public to them

and it is being kept pending by them. And to execute the

order passed by the Circle Officer, Bihta, Patna through

memo no.1365 dated 09.09.2019 in encroachment case

No.06/2019-20, State Vrs. Mahesh yadav (respondent

no.12) by which it is directed to Mahesh yadav

(respondent no.12) to remove the encroachment from the

above mentioned land till 24.09.2019, but it is not

removed till date.

(iv) For issuance of an appropriate

writ, order or direction to conduct enquiry against the

Sub-Divisional Officer, Danapur; the Land Reforms

Deputy Collector, Danapur; the Circle Officer, Bihta; the

Station House Officer, Bihta and O.P. In - charge Neora

for role attributed by them for encroachment and helping

the encroacher for encroachment.

(iv) For issuance of an appropriate writ, Patna High Court CWJC No.10205 of 2020 dt.21-06-2021

order or direction granting any other relief or reliefs for

which the petitioner and other villagers of the petitioner are

found under the law under beneficial schemes initiated by

the State Government and Union of India.

(v) And/or pass such other order or

direction as your Lordships may deem fit and proper for

the ends of justice."

After the matter was heard for some time, learned

counsel for the petitioner, under instructions, states that

petitioner shall be content if a direction is issued to the

authority concerned to consider and decide the representation

which the petitioner shall be filing within a period of four

weeks from today for redressal of the grievance(s).

Learned counsel for the respondents states that if

such a representation is filed by the petitioner, the authority

concerned shall consider and dispose it of expeditiously and

preferably within a period of three months from the date of its

filing along with a copy of this order.

Statement accepted and taken on record.

As such, petition stands disposed of in the following

terms:-

(a) Petitioner shall approach the authority concerned

within a period of four weeks from today by filing a Patna High Court CWJC No.10205 of 2020 dt.21-06-2021

representation for redressal of the grievance(s);

(b) The authority concerned shall consider and

dispose it of expeditiously by a reasoned and speaking order

preferably within a period of three months from the date of its

filing along with a copy of this order;

(c) Needless to add, while considering such

representation, principles of natural justice shall be followed

and due opportunity of hearing afforded to the parties;

(d) Equally, liberty is reserved to the petitioner to

take recourse to such alternative remedies as are otherwise

available in accordance with law;

(e) We are hopeful that as and when petitioner takes

recourse to such remedies, as are otherwise available in law,

before the appropriate forum, the same shall be dealt with, in

accordance with law and with reasonable dispatch;

(f) Liberty reserved to the petitioner to approach the

Court, if the need so rises subsequently on the same and

subsequent cause of action;

(g) We have not expressed any opinion on merits. All

issues are left open;

(h) The proceedings, during the time of current

Pandemic- Covid-19 shall be conducted through digital mode, Patna High Court CWJC No.10205 of 2020 dt.21-06-2021

unless the parties otherwise mutually agree to meet in person

i.e. physical mode;

The petition stands disposed of in the aforesaid

terms.

Interlocutory Application(s), if any, stands

disposed of.

(Sanjay Karol, CJ)

( S. Kumar, J) Sanjay/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          25.06.2021
Transmission Date       NA