Babu Lal Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23296 of 2018 ====================================================== Babu Lal Sah S/o - Saryu Sah, Resident of Village - Tadwan, Pothiyan, P.O.- Tadwan Pothiyan, P.S.- Kopa, District - Saran. ... ... Petitioner

Versus

1.

The State Of Bihar 2.

The Collector, Saran 3.

The Circle Officer, Kopa, Saran.

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

For the Petitioner :

Mr.Harish Kumar, Advocate For the Respondents :

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 04.12.2018 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 an appropriate writ/ writs, order/orders, direction/directions directing the concerned respondents to remove the encroachment from certain chunk of Gairmazarua land situated in Village-Tarwan, Circle OfficeJalalpur, District-Saran bearing Khata no. 223, Survey No. 579, measuring on Bigha, 17 kathas and 13 dhurs by initiating encroachment proceeding which is under the illegal occupation of the encroachers.

After the matter was heard for some time, learned counsel for the petitioner submits that petitioner shall be content

Patna High Court CWJC No.23296 of 2018(2) dt.06-01-2020 2/2 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) BT/- U