Kanti Devi And ANR v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7839 of 2018 ====================================================== 1.
Kanti Devi and Anr Wife of Uday Singh, Resident of Village- Fatehpur, Police Station- Fatehpur, District Gaya at present Zila Parishad. 2.
Rahul Kumar, Son of Late Kamlesh Sharma, Resident of Village- Dighi, P.S.- Konch, District- Gaya both are presently representative present elected of Zila Parishad of Gaya, District- Gaya.
... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
The Commissioner, Magadh Pramandal Commissionery Magadh Gaya, Police Station Civil Line, District3.
The District Magistrate, Gaya, Police Station- Civil Line District- Gaya. 4.
The Civil Officer Manpur Circle Gaya, P.S.- Moffasil, Dist- Gaya. 5.
The Revenue Clerk, Gaya, Manpur Circle, Post Manpur, Dist- Gaya. 6.
The Officer Incharge Mofssil P.S. and District- Gaya. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar No.- 4, Adv.
For the Respondent/s :
Mr.Anil Kumar Sinha- GA 1 ====================================================== 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 21.4.2018 is listed for hearing for the first time today before the Court.
Heard learned counsel for the petitioners and learned counsel for the respondents.
Petitioners have prayed for the following relief/s: "For issuance for appropriate writ in the nature of mandamus directing the respondent to remove all the encroachment over the land the Zila Parishad bearing
Patna High Court CWJC No.7839 of 2018(2) dt.06-01-2020 2/3 Khata No. 76 Plot No. 71 Plot No. 77 Khata No. 77 Plot No. 72 Khata No. 77 land wherein whereby the situated Respondent No. 2 to 8 have directly involved to create a false and fabricated record and tried collapse the government property by way of different design of obtaining corrupt practices and the Respondent No. 2 to 8 are earning illegal money and instigated their choose person to capture the Government land which has been using by the General Public for immemorial time of locality as well as the adjacent Mohalla which is well known to all the Respondents.
That the petitioners have also prayed to constitute a special enquiry through CBI and penalize all the concerned persons either Government Officer or Government Servant or hand Mafiya Public who so over participated to changed the fact figure and nature of above mentioned land of the government." After the matter was heard for some time, learned counsel for the petitioners submits that petitioners shall be content if a direction is issued to the concerned respondents to consider and decide the representation, which the petitioners 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 petitioners to take recourse to such alternative remedies as are otherwise available in accordance with law.
Patna High Court CWJC No.7839 of 2018(2) dt.06-01-2020 3/3 We are hopeful that as and when petitioners take 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