Md. Usman Ali v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19288 of 2017 ====================================================== Md. Usman Ali Son of Late Ali Raja, Resident of Village-Hazi Tola, Ward No.5, P.O. and P.S.-Ramnagar, District-West Champaran. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Sub-Divisional Officer, Bagaha, District-West Champaran. 3.

The Anchal Adhikari, Ramnagar Block, District-West Champaran. 4.

The Officer Incharge Cum S.H.O. Ramnagar Police Station, District-West Champaran 5.

Sohrab @ Pappu, Son of Sheikh Rasid, Resident of ramnagar Bazar, P.O. and P.S. Ramnagar, District-West Champaran.

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

For the Petitioner/s :

Mr.Bashishtha Narayan Mishra, 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 22.12.2017 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/s: "For issuance of writ of mandamus or any other appropriate writs directing the respondents to remove the structure / encroachment made by respondent no. 5 on "Sairat" Land appertaining to Khata no. 137, Khesra No. 369390, Thana no. 619

Patna High Court CWJC No.19288 of 2017(2) dt.06-01-2020 2/3 Mauja Narainpur having its boundary North - Md. Jainul, South- PCC Road, East - Upendra Rai, West - PCC Road, situated in Ramnager Anchal, District - West Champaran.

And/or For passing any such other orders, direction/s, So that abovenoted land which is "Sairat" land be vacated from the respondent no. 5."

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 accordance with law and with reasonable dispatch.

Patna High Court CWJC No.19288 of 2017(2) dt.06-01-2020 3/3 The petition stands disposed of in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) K.C.Jha/- U