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Patna High CourtCWJC/20497/2018disposed

Kamal Deo Singh @ Kamaldeo Bharadwaj 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.20497 of 2018 ====================================================== 1.

Kamal Deo Singh @ Kamaldeo Bharadwaj Son of Sri Deo Kumar Prasad Resident of Village- Machhariyawan, Police Station- Fatuha, District- Patna. 2.

Neeraj Kumar Son of Late Braj Nandan Prasad Resident of VillageMachhariyawan, Police Station- Fatuha, District- Patna. 3.

Manish Kumar Son of Late Ramjanam Paswan Resident of VillageMachhariyawan, Police Station- Fatuha, District- Patna. 4.

Most. Dewiya Devi Wife of Late Surendra Paswan Resident of VillageMachhariyawan, Police Station- Fatuha, District- Patna. 5.

Rajaram Paswan Son of Late Chhotan Paswan Resident of VillageMachhariyawan, Police Station- Fatuha, District- Patna. 6.

Krishna Paswan Son of Late Chhotan Paswan r/o Village-Machhariyawan, P.S. Fatuha, District-Patna ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Chief Secretary, Government of Bihar, Secretariat, Patna.

2.

The District Magistrate cum Collector, Patna 3.

The Sub Divisional Magistrate, Patna City, Patna 4.

The Deputy Collector Land and Reforms , Patna City, Patna 5.

The Senior Superintendent of Police, Patna 6.

The Superintendent of Police Rural, Patna 7.

The Circle Officer, Daniyawan, Patna 8.

The Officer in Charge, Fatuha Police Station, Patna 9.

Sri Hareram Harekrishna Son of Late Tulsi Narayan Singh Resident of Village- Machhariyawan, Police Station- Fatuha, District- Patna. 10.

Sri Munna Thakur Son of not known Resident of Village- Machhariyawan, Police Station- Fatuha, District- Patna.

11.

Gauri Shankar Son of Sri Hareram Harekrishna Resident of VillageMachhariyawan, Police Station- Fatuha, District- Patna. 12.

Shiv Shankar Son of Sri Hareram Harekrishna Resident of VillageMachhariyawan, Police Station- Fatuha, District- Patna. 13.

Niranjan Kumar Son of Sri Lakshmi Narayan Singh/ Mahto Resident of Village- Machhariyawan, Police Station- Fatuha, District- Patna. 14.

Ashutosh Kumar Son of Sri Ramdeo Ram Resident of VillageMachhariyawan, Police Station- Fatuha, District- Patna. 15.

Santosh Kumar Son of Sri Ramdeo Ram Resident of VillageMachhariyawan, Police Station- Fatuha, District- Patna. 16.

Ramdeo Ram Son of late Harihar Ram Resident of Village- Machhariyawan,

Patna High Court CWJC No.20497 of 2018(2) dt.06-01-2020 2/3 Police Station- Fatuha, District- Patna.

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

For the Petitioner/s :

Mr.Raj Shekhar, Adv.

For the Respondent/s :

Mr.Ajay, Adv.

====================================================== 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 10.10.2018 is listed for hearing for the first time today before the Court.

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

Petitioners have prayed for the following relief/s: "For issuance of an appropriate writ/s, direction/s, order/s, in the natue of mandamus to command the government respondent/s to remove/demolish the encroachment made by the private respondent/s over the land situated at Mauza-Bankipur, Machhariyawan, Pargana Azimabad, Thana No.27, Tauzi No.15, Khata No.137, Khasra No.851, 1487, Under Daniyawan- Block, District of Patna."

After the matter was heard for some time, learned counsel for the petitioners submits that petitioners shall be content if a direction is issued to the concerned respondents to consider and decide the representation, which the petitioners shall be making afresh within a period of four weeks from

Patna High Court CWJC No.20497 of 2018(2) dt.06-01-2020 3/3 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 petitioners to take recourse to such alternative remedies as are otherwise available in accordance with law.

We are hopeful that as and when petitioners take recourse to such remedies, as are otherwise available in law, 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) K.C.Jha/- U