Suman Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20593 of 2018 ====================================================== Suman Kumar Singh S/o Late Diwakar Prasad Singh, Resident of VillageBora, P.S.- Amdanda, District- Bhagalpur ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary, Land Revenue and Department, Government. of Bihar, Patna.

3.

The Collector, Bhagalpur 4.

The Circle Officer, Sanhaula, Bhagalpur.

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

For the Petitioner/s :

Mr.Shankar Kumar Thakur, Adv.

For the Respondent/s :

Mr. G.A.

====================================================== 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 11.10.2018 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: "For direction to the respondent no.4 to remove the encroachment over the Gramin road spreading in different khata nos. and Khesra nos. in Borra Pathakdih Panchayat on the ground that the internally connecting Gramin road constructed by the Government under the scheme of Gramin Sadak Yojana, has been encroached by the

Patna High Court CWJC No.20593 of 2018(2) dt.06-01-2020 2/3 encroachers/villagers of the locality causing immense impediment in crossing/passing through the Gramin Road. Alternatively, for direction to the respondent no.4 to proceed with the Land Encroachment Case No.02/2013-14 and conclude the same within the statutory period taking all the necessary steps to remove the encroachment from the aforesaid Gramin Road in Borra Pathakdih Panchayat."

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, before the appropriate forum, the same shall be dealt with, in

Patna High Court CWJC No.20593 of 2018(2) dt.06-01-2020 3/3 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