Anrudh Rai v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24621 of 2018 ====================================================== Anrudh Rai Son of Late Dwarik Ray, R/o Village- Rohua, P.S.- Jandaha, District- Vaishali.

... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

District Magistrate, Vasishali 3.

Deputy Director of Land Reforms, mahua 4.

Circle Officer, Jandaha 5.

Circle Inspector, Jandaha 6.

Vindeshwar Rai 7.

Ramswaroop Rai 8.

Ravindar Rai 9.

Birendra Prasad Rai All son of Late Hriday Rai All R/o village Rahua, P.S.- Jandaha., District- Vaishali.

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

For the Petitioner/s :

Mr.Harendra Kumar For the Respondent/s :

Mr.Md.Khurshid Alam -Aag12 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 07-01-2020 The petition filed on 18.12.2018 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/s: "That this is an application for issuance of appropriate writ/direction commanding the respondents to remove encroachment from Gair

Patna High Court CWJC No.24621 of 2018(2) dt.07-01-2020 2/3 Majarua General Public Way/Road by Private respondents No. 6 to 9 on putting their huts and animal and erecting brick-built wall on said Public road situate in village Rohua, P.S. Jandaha, District-Vaishali and bearing Jamabandi No. 398, Khata No.- 398, Kheshra No. 1744, Thana No. 611 and total area 1 acre 20 dismal and quash the order of the mutation dated 08.06.2011 passed by then Circle Officer and report on application for mutation and corrigendum of 17 Decimal of said public road issued in favour of respondent nos. 6 to 9 contained in annexure no. 2 as which are arbitrarily and illegally passed by then Circle Officer."

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

Patna High Court CWJC No.24621 of 2018(2) dt.07-01-2020 3/3 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) K.C.Jha/- U