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Patna High CourtCWJC/18621/2018disposed

Budh Ram Kumar Singh v. The State Of Bihar And ORS

2020-01-06The Chief Justice -,Mr. Justice Dr. Anil Kumar Upadhyay3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18621 of 2018 ====================================================== Budh Ram Kumar Singh, Son of Late Jagdish Yadav, resident of VillageDhanawan, P.O.- Arthua, P.S.- Kasma, District- Aurangabad. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Land Reforms Department, New Secretariat, Patna.

2.

The District Magistrate, Aurangabad.

3.

The District Complain Officer, Aurangabad.

4.

The Sub- Divisional Officer, Aurangabad.

5.

The Circle Officer Raffiganj, District- Aurangabad. 6.

The Officer In Charge Kasma Police Station, District- Aurangabad. 7.

Md. Aftab Alam, 8.

Md. Muzaffar Miyan, both are sons of Late Hafir Qamruddin, resident of Village- Dhanawan, P.O.- Arthua, P.S.- Kasma, DistrictAurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mrs.Leelawati Kumari, Advocate For the Respondent/s :

Mr.Ajay -Ga5 ====================================================== 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 14.09.2018 is listed for hearing for the first time today before the Court.

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

Petitioner has prayed for the following relief/s: "For a direction to the respondent authorities to remove the encroachment from Khata No.90 Khesra No.914, area 1.78 Decimals situated at village Dhanawan P.S.

Patna High Court CWJC No.18621 of 2018(2) dt.06-01-2020 2/3 Kasma Block Raffiganj within district of Aurangabad which has been illegally encroached by private Respondent no.7 and 8 and further for a direction to the respondent State authority to take legal action against the private respondent who have illegally acquired the land of public road and construct the pucca wall on the aforesaid land Khata No.90 Plot No. 914 and fixed Boaring pump in his private land for personal use and deprived to the Villagers."

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

Patna High Court CWJC No.18621 of 2018(2) dt.06-01-2020 3/3 accordance with law and with reasonable dispatch. The petition stands disposed of in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) uday/- U