Sanat Kumar Mishra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23068 of 2018 ====================================================== Sanat Kumar Mishra Son of Bal Gangadhar Mishra, Resident of Ward No. 3, Koilwar, Police Station- Koilwar, District- Bhojpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna. 2.

The Principal Secretary, Department of Irrigational Flood Control Wing, Government of Bihar, Patna 3.

The District Officer, Bhojpur, Ara.

4.

The Circle Officer, Koilwar, District- Bhojpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar, Advocate For the Respondent/s :

Mr. Anil Kr. Sinha- GA-1 ====================================================== 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 01.12.2018 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: "(i) For commanding the respondent authorities to remove the encroachment from chat of the Buxar Koilwar Ganga Embankment situated over the Plot No. 280, Mauza Koilwar, Thana No. 132, Khata No. 375, which is adjacent to the

Patna High Court CWJC No.23068 of 2018(2) dt.06-01-2020 2/3 aforesaid Embankment within the Block-Koilwar, District Bhojpur by instituting a proper encroachment case under provisions of Bihar Public Land Encroachment Act.

(ii) Also for any other appropriate reliefs to which the petitioner in found entitled either in the eye of law or in the fact and circumstances." 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,

Patna High Court CWJC No.23068 of 2018(2) dt.06-01-2020 3/3 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) Ravi/- U