Manoj Kumar Sahu v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13467 of 2018 ====================================================== Manoj Kumar Sahu Son of Kamlesh Kumar Sahu, Resident of Village- Sahu Parbatta, P.S.- Parbatta, District- Bhagalpur. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The District Magistrate, Bhagalpur, District- Bhagalpur. 3.

The Sub Divisional Officer, Naugachia, District- Bhagalpur. 4.

The Land Reform Deputy Collector, Bhagalpur, District- Bhagalpur. 5.

The Anchaladhikari, Islampur, District- Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Deepak Kumar, Advocate Mr. Shardanand Mishra, Advocate For the Respondent/s :

Mr.Sudhir Kumar Upadhyay, AC to GP-7 Mr.Binod Kumar Sinha, AC to GP-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT Date : 18-11-2024 In the instant petition, the petitioner has prayed for the following relief(s):- That this writ application is being filed for issuance of writ nature of mandamus for direction to the respondents to consider the application of the petitioner, which has been filed on 22.05.2018 before Respondents District Magistrate relating to land bearing Khata No.918, Khesra No.330, Area 4.86 Acres and Khesra No.292 Area 9.01 Acre which is khatiyani land of the petitioner, said very, some person digging the land of petitioner through the JCB machine without any authority and titled and

Patna High Court CWJC No.13467 of 2018 dt.18-11-2024 2/3 further issued to respondents for stopping to digging the land of the petitioner, who have been illegally digging the land and taken away soil from the land of the petitioner and further issued direction to give other legal consequential benefit.

2. Learned counsel for the petitioner submits that petitioner has raised his grievance before the District Magistrate, Bhagalpur on 22.05.2018 that some other person forcibly started digging the petitioner's land and they have no any right, title and possession over the aforesaid land. He further submits that the said representation filed by the petitioner is pending before the District Magistrate, Bhagalpur and the concerned authority has not passed any appropriate order with regard to the petitioner's grievance. Hence, the present writ petition.

3. The learned counsel for the State submits that from the perusal of representation filed by the petitioner, it appears that there is dispute between the parties. He further submits there is no official receipt in the writ petition which indicates that petitioner has represented his grievance before the District Magistrate, Bhagalpur. Learned counsel, however, submits that in case petitioner files fresh representation, the concerned authority will look into the matter.

Patna High Court CWJC No.13467 of 2018 dt.18-11-2024 3/3

4. Be that as it may, for seeking writ of mandamus, there must be a demand before the competent authority. At the same time, duty is cast on the concerned public authority. The first ingredient of demand before the competent authority is not forthcoming.

5. Considering the facts and circumstances of the present case as well as arguments advanced on behalf of the parties, the present writ petition stands disposed of as not maintainable with liberty to the petitioner to file fresh representation before the District Magistrate, Bhagalpur within four weeks from the date of receipt of this order. If petitioner submits his representation before the concerned authority within stipulated period, the competent authority is directed to hear the grievance of the petitioner and pass order expeditiously within reasonable period of time after hearing the parties concerned, in accordance with law.

(Alok Kumar Pandey, J) alok/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 20.11.2024.

Transmission Date N/A