Umashankar Rajbhar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16330 of 2018 ====================================================== Umashankar Rajbhar son of Late Shiv Mangal Rajbhar, resident of VillageKalyani, Post Office Chatakhal, Police Station Guthani, District Siwan. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Road Construction Department, Govt. of Bihar, Patna 2.

The District Magistrate, Siwan.

3.

The Sub Divisional Officer, Siwan.

4.

The Circle Officer, Guthani within the District of Siwan. 5.

The Officer In- Charge, Guthani Police Station, District Siwan. 6.

Ashok Rajbhar son of Late Sohan Rajbhar.

7.

Ramesh Rajbhar son of Late Sohan Rajbhar. No. 6 and 7 are residents of Village Kalyani, Police Station- Guthani, District Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satya Nand Shukla For the Respondent/s :

Mr.Ajay -Ga5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 06-01-2020 The petition filed on 14.08.2018 is listed for hearing for the first time today before the Court. Heard learned counsel for the petitioner and learned counsel for the respondents.

Petitioner has prayed for the following relief: "i. For issuance of a direction to the respondent authority to consider the public petition with respect to the

Patna High Court CWJC No.16330 of 2018(2) dt.06-01-2020 2/3 encroached land.

ii. For issuance of a direction to the respondent authority to take appropriate action against the encroachers of the public land.

iii. For issuance of a direction to the respondent authority to appropriate steps for removal of the encroachment.

iv. For any other relief or reliefs which may be deemed fit and proper in the interest of justice. " 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 respondents to consider and decide the representation, which the petitioner shall be making afresh within a period of four weeks from today.

Learned counsel for the State states that upon receipt of such request, if any, the same shall be dealt with in accordance with law, expeditiously and positively within a period of three months from the date of receipt thereof. 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,

Patna High Court CWJC No.16330 of 2018(2) dt.06-01-2020 3/3 before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch. The petition stands disposed of in the aforesaid terms.

(Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) Ravi/- U