Binod Paswan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18033 of 2017 ====================================================== Binod Paswan, Son of Shri Yogendra Prasad, resident of Ward No. 06, Pravejabad, Pahari Chak, P.S. Sonepur, District Saran. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Department of Home, Government of Bihar, Patna.

2.

The District Magistrate, Saran, Chapra.

3.

The Superintendent of Police, Saran, Chapra.

4.

The Principal Secretary, Department of Education, Government of Bihar, Patna.

5.

The Sub. Divisional Officer, Sonepur, District Saran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Ranjan, Advocate For the Respondent/s :

Mr. S. K. Sharma, AC to AAG-3 ====================================================== 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 06.12.2017 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: "(i) For issuance of an appropriate writ in the nature of mandamus directing the respondents to vacate the premises of Ram Sunder Das Mahila Mahavidyalaya, Sonepur, Saran (hereinafter referred to as the College), which is being used for accommodation of Police Force during the

Patna High Court CWJC No.18033 of 2017(2) dt.06-01-2020 2/3 Sonepur Cattle Fair from 02.11.2017 to 03.12.2017.

(ii) For issuance of a writ in the nature of mandamus directing the respondent to discontinue the practice of taking over the possession of the college premises for the purpose of accommodating police force on different occasions including Sonepur Cattle Fair and Shravani Mela.

(iii) For issuance of any other writ (s), order(s), direction(s) as your Lordships may deem fit and proper 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.18033 of 2017(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) Sunil/- U