Patna High Court
Awadhesh Prasad vs The State Of Bihar on 30 November, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7299 of 2020
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Awadhesh Prasad Son of Late Ram Swarup Mishtri Resident of Village-
Shahpur Panhar, Patel Nagar, Police Station- Islampur Khodaganj, District-
Nalanda.
... ... Petitioner
Versus
1. The State of Bihar.
2. The Principal Secretary Revenue and Land Reforms Department, Bihar,
Patna.
3. The District Forest Officer , District- Nalanda.
4. The Collector Nalanda (Biharsharif).
5. The Land Acquisition Officer Biharsharif, Nalanda.
6. The Circle Officer Islampur, District- Nalanda.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Alok Kumar Choudhary, Advocate
For the Respondent/s: Mr. Khurshid Alam, AAG-12
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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL JUDGMENT
Date : 30-11-2021
Learned counsel for the petitioner seeks permission to
make correction in the description of respondent no. 3 in the array
of parties as "The District Forest Officer, District-Nalanda"
inadvertently mentioned as "The Forest Officer, Hilsa, District-
Nalanda", which is permitted to be corrected during the course of
the day.
2. Heard learned counsel for the petitioner and learned
counsel for the respondents. Learned counsel for the petitioner has
filed an undertaking to remove all defects pointed out by the Stamp
Reporter as and when required. It is accordingly directed that all
defects pointed out by the Stamp Reporter be removed within one
month hereof.
Patna High Court CWJC No.7299 of 2020 dt.30-11-2021
3. The present writ petition has been filed for the
following reliefs as formulated by the petitioner-
"(a) For issuance of writ in the nature of Mandamus
directing and commanding the respondents not to
acquire lands bearing Khata No. 267 Khesra No. 761
Area 92 decimal and 72 decimal which is purchased land
of the petitioner vide Sale Deeds dated 22.09.1980 and
29.09.1983 and name of the petitioner mutated over the
said land and Jamabandi has also been created in the
name of petitioner and petitioner is paying rent to the
State of Bihar till date and petitioner is coming in
peaceful possession over the said land since 1980, but
without due process and notice to petitioner, the lands of
petitioner is being acquired and hence construction if
any may be stayed till final disposal of the case.
(ii) To grant other any relief or reliefs under which the
petitioner found entitled to the facts and circumstances
of the case."
4. Learned counsel for the petitioner claims to be owner
of the subject land which is sought to be acquired without notice
issued by the Forest Department and without grant of opportunity
to the petitioner of being heard. In this regard, he has filed a
representation before the Forest Divisional Officer, Hilsa, Nalanda
(Annexure-4).
Patna High Court CWJC No.7299 of 2020 dt.30-11-2021
5. Learned counsel for the State appears and has been
heard.
6. Having regard to the nature of the grievance of the
petitioner, the writ petition is disposed of granting liberty to the
petitioner to file a fresh representation before the District Forest
Officer, Nalanda (respondent no. 3) for redressal of his grievances. If
any such representation is filed within a period of two weeks
hereof, the same shall be considered and disposed of on its own
merits in accordance with law and after grant of an opportunity of
hearing to the petitioner, expeditiously and in any event preferably
within a further period of three months thereafter.
7. Office shall follow-up to ensure that all defects are
removed and compliance with the notices of this Court are made by
the petitioner within the stipulated time provided in para-1
hereinabove, failing which the matter shall be brought to the notice
of this Court.
(Vikash Jain, J)
Ibrar//-
AFR/NAFR NAFR
CAV DATE N.A.
Uploading Date 02.12.2021
Transmission Date N.A.
