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Patna High CourtCWJC/21276/2018disposed

Dinesh Prasad v. The State Of Bihar

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.21276 of 2018 ====================================================== Dinesh Prasad, Son of Late Jagdeo Ray, The Mukhiya Gram Panchayat Raj Parsauni, Resident of Village - Bhatauliya, Police Station - Bairgania, District - Sitamarhi.

... ... Petitioner

Versus

1.

The State of Bihar Through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Principal Secretary, Rural Development Department, Govt. of Bihar, Patna.

3.

The Principal Secretary, Panchayati Raj, Govt. of Bihar, Patna. 4.

The Additional Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna.

5.

The Principal Secretary, Road Construction Department, Govt. of Bihar, Patna.

6.

The Director, Land Acquisition, Bihar, Patna. 7.

The Commissioner, Tirhut Division, Muzaffarpur. 8.

The District Magistrate, District - Sitamarhi. 9.

The District Land Acquisition Officer, Land Acquisition Office, Sitamarhi. 10.

The Circle Officer, Circle Office, Bairgania, District - Sitamarhi. 11.

The Block Development Officer, Block Office, Bairgania, District - Sitamarhi.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Anil Kumar, Adv.

For the Respondents :

Mr. Anjani Kumar, AAG-4 ====================================================== 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 31.10.2018 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.21276 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 directing and commanding the respondents to acquire propose land for approaching road to connect the Ward No. 12 Chouri Tola of village Parsauni, Ward No. 01 of village Bhakhri and Ward No. 04 of village Bhatauliya to main road and generate the fund to construct the road as per polity of Central Government of India and State Govt. of Bihar." 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.21276 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) Rajeev Kumar/- U