Vijay Paswan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20856 of 2013 ====================================================== Vijay Paswan, S/O Sri Brahmdeo Paswan @ Brahmdeo Ram, Resident Of Village- Pande Dih Kewal, P.S.- Sirdala, Anchal- Sirdala, Sub-DivisionNawada, Dist.- Nawada .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Commissioner Magadh Division, Gaya

3. The District Collector, Nawada

4. The Deputy Collector Land Reforms, Nawada

5. Circle Officer, Circle Office, Sirdala, Nawada

6. Circle Inspector, Circle Office, Sirdala, Nawada

7. Halka Karmchari, Mauza-Ghatbaksheela Under Sirdala Circle .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Birendra Kumar, Adv. For the Respondent/s : Mr. Dev Kumar Pandey, AC to GP-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 16-12-2015 After having heard the parties and in view of the nature of the claims/grievances raised on behalf of the petitioner in the present writ petition, this Court is of the opinion that, instead of keeping the matter pending before this Court awaiting the counter affidavit on behalf of the respondents, interest of justice shall be sub-served, if the petitioner is granted liberty to file a comprehensive representation with all supporting documents in support of his claims before the respondent District Collector, Nawada. It is ordered accordingly.

If such a comprehensive representation is filed on behalf of the petitioner within a period of one month from today with a certified copy of the present order, then the respondent District Collector, Nawada either himself or any other competent authority, so authorized by him, shall be obliged to consider and decide the claims of the petitioner by a reasoned and speaking

Patna High Court CWJC No.20856 of 2013 (3) dt.16-12-2015 order, after giving an opportunity of hearing to all concerned, at an early date, preferably within a period of three months from the date of filing of such representation by the petitioner. If on consideration of the materials and after hearing the parties, the competent authority comes to a conclusion that the claims raised on behalf of the petitioner with respect to the lands claimed by him are admissible to him, then the consequential order(s) shall also be issued for grant of such admissible claims without any unnecessary further delay.

It is clarified that this Court has not gone into the merits of the claims raised on behalf of the petitioner with respect to the lands claimed by him and it is left to be decided by the competent authority strictly in accordance with law. The writ petition stands finally disposed of with the observations and directions made above.

(Birendra Prasad Verma, J) Arvind/- U