Divyanshu Bhardwaj v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16314 of 2018 ====================================================== Divyanshu Bhardwaj, Son of Siyaram Thakur resident of village - Anandpuri, Belbanwa, Near Anand Dham Mandir, P.S. - Motihari, District - East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Commissioner, Department of Education, Patna, Bihar. 3.

The District Magistrate, Patna.

4.

The Superintendent of Police, Patna.

5.

The District Education Officer, Patna.

6.

The Sub-Divisional Officer, Patna.

7.

The Central Board of Film Certification CBFC, Films Division Complex, Phase - I Building, 9th Floo 8.

Sri Biju Mathew Writer of Biography Namely Super 30 C/o Penguine Books India Pvt. 7th Floor, Infinity Tower C, DLF Cyber City, Gurgaon - 122002 Haryana 9.

The Penguine Books India Pvt. 7th Floor, Infinity Tower C, DLF Cyber City, Gurgaon - 122002 Haryana having its registered office at 80 Strand, London, WC2R 0RL, England.

10.

The Phantom Films, represented by the Producer and Director of the upcoming Bollywood film Super - having its office situated at Office No. 803, 8th Floor, Peninsula Park, Veera Desai Road, Andheri West Mumbai, Mumbai City, Maharashtra - 400053.

11.

Sri Anand Kumar, Shanti Kutir, Shanti Path, Chandpur Bela, Jakkanpur, Patna - 800001.

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

For the Petitioner/s :

Mr.Samir Kumar For the Respondent/s :

Mr.Ashutosh Ranjan Pandey -Aag15 ====================================================== 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.

Patna High Court CWJC No.16314 of 2018(2) dt.06-01-2020 2/3 Heard learned counsel for the petitioner and learned counsel for the respondents.

Petitioner has prayed for the following relief: "This public interest litigation is being filed for writ of Mandamas and any other appropriate writ/order/direction to the respondents to hold an enquiry with regard to illegal encroachment by Tribhun Developers and Construction Pvt. Ltd. over and above an area of 14 decimals of land of the North West corner of cadastral survey plot no. 526, Revenue Thana No. 7, Revenue Thana-Phulwari, Mauza- Dhakkanpur recorded in cadastral survey Khatiyan as Gair Mazarua AAM Nature-River situated as BSEB Colony, New Punaichak for the construction of multi-storied Apartment and till the measurement and demarcation of land any construction be stayed."

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.

Patna High Court CWJC No.16314 of 2018(2) dt.06-01-2020 3/3 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. The petition stands disposed of in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) Ravi/- U