Tribhuwan Singh vs The State Of Bihar
2021 Latest Caselaw 2522 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.390 of 2021
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Tribhuwan Singh Son of Dinesh Nandan Singh Resident of Village- Urvishunpur, P.O.- Urvishunpur, P.S.- Alipur, District- Gaya.

... ... Petitioner/s Versus

1. The State of Bihar Through the Principal Secretary, Land Reforms Department, Bihar, Patna.

2. The District Collector Gaya.

3. The Additional Collector Gaya.

4. The Land Reforms Deputy Collector Gaya.

5. The Circle Officer Tekari, District- Gaya.

6. Anil Singh Son of Ramji Singh Resident of Village- Urvishunpur, P.O.-

Urvishunpur, P.S.- Alipur, District- Gaya.

... ... Respondent/s

====================================================== Appearance :

For the Petitioner/s : Mr.Suresh Prasad Singh, Advocate For the Respondent/s : Mr. Khurshid Alam, AAG- 12 ====================================================== (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 : 22-06-2021

Heard the parties.

Petitioner has prayed for following relief(s):-

"That this is an application by way of P.I.L. for issuance of an appropriate writ, order or direction, for removal the encroachment from the government land situated in the village: Urvishunpur, under Anchal-Tekari, P.S. Alipur, District, Gaya by the encroachers like the respondent no.6 Anil Singh and others, who are by forcefully encroaching the Patna High Court CWJC No.390 of 2021 dt.22-06-2021

path way of public in general as well as the land of school filed, graveyard, etc. and disposed of the joint representation of the petitioner which was filed before the concerned respondent authorities.

Further, any other order or orders as Your Lordships may deem 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).

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 Patna High Court CWJC No.390 of 2021 dt.22-06-2021

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,

unless the parties otherwise mutually agree to meet in person i.e.

physical mode;

Patna High Court CWJC No.390 of 2021 dt.22-06-2021

The petition stands disposed of in the aforesaid terms.

Interlocutory Application(s), if any, stands disposed of.

(Sanjay Karol, CJ)

( S. Kumar, J)

Rajiv/veena-

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