Sri Narayan Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14107 of 2018 ====================================================== Sri Narayan Yadav son of Late Ram Khelawan Yadav resident of village - Bihrauna, P.S. Baheri, District - Darbhanga.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Chief Secretary, Government of Bihar, Patna. 3.

The Principal Secretary, Revenue and Land Reforms Department, Patna. 4.

The Divisional Commissioner, Darbhanga Division, Darbhanga. 5.

The Collector, Darbhanga.

6.

The Sub-Divisional Officer, Darbhanga.

7.

The Land Reforms Deputy Collector, Darbhanga. 8.

The Circle Officer, Baheri, Darbhanga.

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

For the Petitioner/s :

Mr.Vasudeo Ram, Advocate For the Respondent/s :

Mr.Md. Khurshid Alam - AAG-12 ====================================================== 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 20.07.2018 is listed for hearing for the first time today before the Court.

Heard learned counsel for the petitioner and learned counsel for the respondents.

Patna High Court CWJC No.14107 of 2018(2) dt.06-01-2020 2/3 Petitioner has prayed for the following relief: " For issuance of a writ in the nature of mandamus or any other appropriate writ/rule/direction commanding the respondent authorities to remove the encroachment from the public land by exhausting the procedure under the provisions of Bihar Public Land Encroachment Act as for this purpose a proceeding was initiated, notices were issued but no final decision has yet been taken nor the encroachment has been removed by the respondent authorities."

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,

Patna High Court CWJC No.14107 of 2018(2) dt.06-01-2020 3/3 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) P.K.P./- U