Md. Lal Babu vs The State Of Bihar
2021 Latest Caselaw 2512 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.10844 of 2020
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Md. Lal Babu, Son of Md. Samiullah Resident of Village-Gad Bahuari, Parsauna, P.O. and P.S.-Jaitapur Laukariya, District-East Champaran, Bihar.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna.

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

3. The Director, Land Record and Survey, Govt. of Bihar, Patna.

4. The District Magistrate (D.M.), Motihari, East Champaran.

5. The Deputy Collector, Land reforms, Motihari, East Champaran.

6. The D.C.L.R. Motihari, East Champaran.

7. The S.D.O., Raxaul East Champaran.

8. The Circle Officer (C.O.), Raxaul, East Champaran.

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

For the Petitioner/s : Mr.Samir Kumar Mr. Saurav Singh Mr. Ankit Kumar Gautam, Advocates For the Respondent/s : Mr. Khurshid Alam, AAG12 ====================================================== 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 : 22-06-2021 Heard learned counsel for the parties.

The petitioner prays for following reliefs:-

"(i) For issuance of an order, direction or writ in the nature of Mandamus commanding the Respondents to vacate the encroached land bearing Khata No. 200, Khesra No. 1219 & Rakba 1.14 dhur, Patna High Court CWJC No.10844 of 2020 dt.22-06-2021

this land is being used as Road by the public.

(ii) Any other relief or reliefs to which the petitioner is found entitled to in the facts and circumstances of the case."

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

representation for redressal of the grievance(s);

(b) The authority concerned shall consider and

dispose it of expeditiously by a reasoned and speaking order Patna High Court CWJC No.10844 of 2020 dt.22-06-2021

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,

unless the parties otherwise mutually agree to meet in person

i.e. physical mode;

The petition stands disposed of in the aforesaid Patna High Court CWJC No.10844 of 2020 dt.22-06-2021

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