Sanjeev Roy @ Sanjeev Kumar Roy v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1406 of 2018 ====================================================== Sanjeev Roy @ Sanjeev Kumar Roy, Son of Mahesh Roy, resident of village Ranyodha, P.S. Dhoraiya, District - Banka.

... ... Petitioner/s

Versus

1.

The State of Bihar through Collector Banka.

2.

The Collector, Banka.

3.

D.C.L.R., Banka.

4.

Anchal Adhikari, Dhoraiya, District Banka.

5.

Halka Karamchari, Anchal Dhoraiya, District Banka. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mritunjay Prasad Singh, Advocate For the Respondent/s :

Mr. Md.Khurshid Alam, AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-02-2023 Heard learned counsel for the parties.

The petitioner has filed the instant application for the following relief(s):- "(i) For issuance of writ of Mandamus commanding the respondent authority to supply the order, if any, either to the petitioner or before this Hon'ble High Court regarding the land of plot number 273, Khata no. 67, situated in village Ranyadha, Anchal Dhoraiya District Banka upon which Anchal Adhikari Dhoraiya and Halka Karamchari, Dhoraiya are giving pressure upon the petitioner aforesaid Land to vacate his possession from the otherwise they will take necessary action against the petitioner disposing him.

(ii) For issuance of writ of Certiorari for

Patna High Court CWJC No.1406 of 2018(4) dt.28-02-2023 2/3 quashing the order, if any, on producing before this Hon'ble High Court regarding the land under dispute of plot no. 273 for consideration. (iii) For issuance of writ of mandamus commanding the respondent authority not to disposes the petitioner from the land under dispute without any order of the competent court or authority.

(iv) For issuance of writ of mandamus commanding the respondent authority particularly respondent no. 4 and 5 to prove the genuineness of the deed of gift dated 25.09.1953 alleged to have been donated by the Ajabalal Roy regarding the land of Plot Number 273 in favour of Bhoodan Yagya Committee prior to taking any legal action against the petitioner regarding the land under dispute of plot no. 273. (v) For issuance of such other writ or order or direction in which may deem fit and proper for consideration of this case"

On perusal of the contents of the writ petition it transpires that the petitioner has not filed any representation before any of the respondent authorities for the prayer made in the instant application.

After some argument, learned counsel for the petitioner seeks permission to withdraw this application to file a representation before the respondent authorities. The application is disposed of as withdrawn with the

Patna High Court CWJC No.1406 of 2018(4) dt.28-02-2023 3/3 aforesaid liberty.

In case, a representation is filed before the respondent authorities including respondent no.2 and/or respondent no.4, the same shall be decided by the said respondent within a period of six weeks from the date of its filing.

It goes without saying that the petitioner shall be entitled to move, in accordance with law, before the appropriate forum for the present grievances as also subsequent cause of action which may arise pursuant to filing of the representation. (Partha Sarthy, J) avinash/- U