Geeta Kumari vs The State Of Bihar
2021 Latest Caselaw 1230 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.1899 of 2021
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Geeta Kumari, Wife of Ram Prakash, Resident of Ward No. 8, Village- Grahsisai, P.S. and P.O.- Vidyapati Nagar, District- Samastipur, presently the Panchayat Samiti Member of Gram Panchayat- Grahsisai.

... ... Petitioner/s Versus

1. The State of Bihar through the Secretary, Land Revenue Department, Government of Bihar, Patna.

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

3. The District Magistrate-Cum- District Collector, Samastipur.

4. The Sub- Divisional Officer, Dalsinghsarai, Samastipur.

5. The Deputy Collector Land Reform (DCLR), Dalsinghsarai, District-

Samastipur.

6. The Circle Officer, Vidyapatinagar, District- Samastipur.

7. The Station House Officer(SHO), Vidyapatinagar, Samastipur.

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

For the Petitioner/s : Mr.Brisketu Sharan Pandey, Advocate Mr. Jyoti Kumar Sinha, Advocate Mr. Abhishek Kumar, Advocate Mr. Priya Ranjan, Advocate For the Respondent/s : Mr.Lalit Kishore (Ag) Mr. Pawan Kumar, AC to AG Md. Khurshid Alam, AAG 12.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 03-03-2021

Petitioner has prayed for the following relief(s):-

"For removal of encroachment of public land bearing Khata No. 79 (Old)/1474 (New) and Khesra No. 1632 (Old)/2701 (New), Circle-Vidyapatinagar, Mauza/Village- Garhsisai, P.S.- Vidyapatinagar, District- Samastipur which is in the nature of public Patna High Court CWJC No.1899 of 2021 dt.03-03-2021

road and has been illegally encroached upon by the inhabitants residing on the side of public road. Further the Hon'ble Court may be pleased to direct the respondents to take appropriate steps for getting the encroachment of public path on land bearing Khata No. 79 (Old)/1474 (New) and Khesra No. 1632 (Old)/2701 (New), Circle-Vidyapatinagar, Mauza/Village- Garhsisai, P.S.- Vidyapatinagar, District- Samastipur free from encroachment in terms of the rport dted 30.03.2012 given by the Anchal Amin to the Circle Officer, Vidyapatinagar confirming the encroachment.

Further the respondents be directed to take appropriate steps for removing the encroachment from the public path for which the Circle Officer has already been issued guidelines by the DCLR, Dalsinghsarai vide letter dated 27.06.2013. For any other relief or relief as deem fit and proper.

Learned counsel for the State opposes the petition

stating that the petition is misconceived; raises disputed

question of fact; is not in public interest; and that the issue can

be best resolved at the Government level by the appropriate

authorities.

After the matter was heard for some time, learned

counsel for the petitioner submits that petitioner shall be content

if a direction is issued to the concerned respondent(s) to

consider and decide the representation which the petitioner shall Patna High Court CWJC No.1899 of 2021 dt.03-03-2021

be filing afresh 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.

Equally, liberty is reserved to the petitioner to take

recourse to such alternative remedies as are otherwise available

in accordance with law.

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.

Needless to add, while considering such

representation, principles of natural justice shall be followed

and due opportunity of hearing afforded to the parties.

Liberty reserved to the petitioner to approach the

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

subsequent cause of action.

We have not expressed any opinion on merits. All

issues are left open.

The proceedings, during the time of current Patna High Court CWJC No.1899 of 2021 dt.03-03-2021

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, also stands

disposed of.

(Sanjay Karol, CJ)

( S. Kumar, J)

sujit/-

AFR/NAFR
CAV DATE
Uploading Date          04.03.2021
Transmission Date