Asharafi Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21578 of 2018 ====================================================== Asharafi Prasad, Son of Mahendra Prasad, Resident of Village Parsauna, P.S. Parsa, District Saran at Chapra.

... ... Petitioner

Versus

1.

The State Of Bihar 2.

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

3.

The District Magistrate, Saran at Chapra.

4.

The Circle Officer, Parsa, District Saran at Chapra. 5.

Awadesh Shah Son of Satya Narayan Shah 6.

Upendra Shah Son of Basudeo Shah Both resident of Village Parsauna, P.S. Parsa, District Saran at Chapra. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Ajay Kumar Sharma, Adv.

For the Respondents :

Mr. Sajid Salim Khan, SC-25 ====================================================== 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 02.11.2018 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: "For issuance of a wit in the nature of mandamus commanding and directing the respondent authorities for removing encroachment of Public Land appertaining to Khata No. 173 Plot No. 1990 and 1991, Khata No. 1068 Plot No. 2017 which is situated at Parsauna, Anchal Parsa in the district Saran at Chapra."

Patna High Court CWJC No.21578 of 2018(2) dt.06-01-2020 2/2 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 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