Sarwan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.985 of 2023 ====================================================== Sarwan Prasad, Son of Late Ganga Bhagat @Ganga Prasad, Resident of Village Chailaha Katharia, P.S. Banjara, District East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 2.

The District Magistrate cum Collector, East Champaran at Motihari. 3.

The Circle Officer, Banjaria Circle, East Champaran, Motihari. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shakti Suman Kumar, Advocate For the Respondent/s :

Mr.Raj Kishore Roy, GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 27-06-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. Learned counsel for the petitioner submits that the petitioner's raiyati land appertaining to Khata No. 546, Khesra/Plot Nos. 3549 and 3550 admeasuring 2 Katha of land Thana No. 102, situated in Village-Chellaha Vatharia, P.S. -Banjaria, District- East Champaran, Motihari has been taken for the purpose of construction of road without any acquisition or permission of the petitioner.

3. Learned counsel for the petitioner further submits that in this regard, the petitioner has filed a representation dated

Patna High Court CWJC No.985 of 2023 dt.27-06-2023 2/2 11.10.2022 before the respondent No.2, namely, the District Magistrate-cum-Collector, East Champaran at Motihari (Annexure-1 series), but till date no decision has been taken on the said representation.

4. Learned counsel for the State submits that the present petition may disposed of directing respondent No.2, namely, the District Magistrate-cum-Collector, East Champaran at Motihari to take a decision on the representation filed by the petitioner.

5. In this background, the petitioner would be at liberty to file a fresh representation before respondent No.2, namely, the District Magistrate-cum-Collector, East Champaran at Motihari within a period of two weeks' from today along with a copy of this order whereupon the Collector is directed to dispose of the representation of the petitioner within a period of four weeks thereafter by speaking and reasoned order.

6. With the above direction and observation, the writ petition stands disposed of.

(Dr. Anshuman, J) Ashwini/- AFR/NAFR NAFR CAV DATE NA Uploading Date 01.07.2023 Transmission Date NA