Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20685 of 2018 ====================================================== Sanjay Kumar Son of Late Vidya Nand Prasad Resident of Village-Saraiya, P.S.-Chautham, District-Khagaria.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate, Khagaria.

3.

The Circle Officer, Chautham, Khagaria, District-Khagaria. 4.

Chhathu Singh Son of Not Known Resident of Village-Saraiya, P.S.- Chautham, District-Khagaria.

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

For the Petitioner/s :

Mr.Dhirendra Singh, Adv.

For the Respondent/s :

Mr.Md. Khurshid Alam, AAG 12 ====================================================== 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 12.10.2018 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/s: "To issue a writ in the nature of Mandamus or any other appropriate writ, writs, order, orders, direction, directions, commanding the respondents for following:

i) To direct the respondents to remove the encroachment of the road in Mauza Boren Patti

Patna High Court CWJC No.20685 of 2018(2) dt.06-01-2020 2/3 Saraiya, Thana No. 161, Khesra No. 1682, Total area 3 bigha, 9 katha, 18 dhoor.

ii) To direct the respondents to remove the encroachment and clear the road according to the map.

iii To direct the respondent to remove the respondent no. 4 who encroached the land illegally.

iv. To award any other relief or reliefs for which the petitioner is found entitled in the facts and circumstances of the case."

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

Patna High Court CWJC No.20685 of 2018(2) dt.06-01-2020 3/3 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) K.C.Jha/- U