Patna High Court
Narendra Kumar Vidyarthi vs The State Of Bihar on 21 June, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10662 of 2020
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Narendra Kumar Vidyarthi Son of Late Deoki Nandan Prasad Resident of
Village- Lodipur, P.O.- Khaddi Lodipur, P.S.- Telhara, District- Nalanda. At
present Mohalla- Subhash Nagar, Lane (Gali) No.-2, Khemni Chak, P.S.- Ram
Krishna Nagar, District- Patna. ... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. Principal Secretary, Revenue Department, Govt. of Bihar, Patna.
3. Principal Secretary, Rural Development Department, Govt. of Bihar, Patna.
4. Principal Secretary, Water Resources (Irrigation) Department, Govt. of
Bihar, Patna.
5. District Magistrate, Nalanda at Bihar Sharif.
6. Additional Collector, Nalanda at Bihar Sharif.
7. Sub-Divisional Officer, Hilsa, Nalanda.
8. Circle Officer, Ekangar Sarai Block, District- Nalanda.
9. Block Development Officer, Ekangar Sarai Block, District- Nalanda.
10. Superintendent of Police, Nalanda at Bihar Sharif.
11. Station House Officer, Telhara Police Station, District- Nalanda.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Ritesh Kumar, Advocate
For the Respondent/s : Mr. Raj Kishore Roy, G.P. 18
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(The proceedings of the Court are being conducted through Video Conferencing and the
Advocates joined the proceedings through Video Conferencing from their residence.)
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
Date : 21-06-2021
Heard the parties.
Petitioner has prayed for following relief(s):-
"1.That this writ application is being filed
for issue of a direction/order commanding
the respondents to remove the illegal and
unauthorized occupation and possession
of the unscrupulous elements from Khata
No. 85, Plot No. 354, Area 4.54 Acre
Patna High Court CWJC No.10662 of 2020 dt.21-06-2021
(Dagar), Plot No. 215, Area 5 Decimal
Decimal (Panchayat Bhawan), Plot No.
155, Area 1.12 Acre (Aam Rasta) Plot No.
242, Area 26 Decimal (Panchayat
Bhawan), Plot No. 155, Area 1.12 Acre
Decimal (School), Plot No. 93, Area 1.65
Decimal (Muradghatti), Plot No. 86, Area
15 Decimal (Gaddha), Plot No. 87, Area
15 Decimal (Gaddha), Plot No. 426, Area
3. 05 Acre (Charagah), Plot No. 486, Area
15 Decimal (Shiv Asthan) situated in
Village- Lodipur, Thana No. 99, Police
Station- Telhara, Anchal- Ekangar Sarai,
Sub-division- Hilsa, District Nalanda
within a time frame fixed by this Hon'ble
Court and the respondents be further
directed not to allow recurrence of such
illegal possession and by an ad-interim
order the illegal possession be removed
during the pendency of this writ
application and may grant such other relief
or relief's as may be deemed fit and
proper."
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).
Patna High Court CWJC No.10662 of 2020 dt.21-06-2021
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 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
Patna High Court CWJC No.10662 of 2020 dt.21-06-2021
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,
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)
veena/rajiv-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date
Transmission Date NA
