Rinku Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.378 of 2019 ====================================================== Rinku Devi S/o Surendra Ray @ Munna Ray R/V-Bhishanpur Abhi, P.S.+ Block-Khanpur, District- Samastipur.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The District Magistrate, Samastipur.
3.
The D.C.L.R. Samastipur.
4.
The Circle Officer, Khanpur, District-Samastipur. 5.
The Mukhiya, Bishanpur Aabhi, Gram Panchayat Raj, Block-Khanpur, P.S.- Khanpur, District-Samastipur.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar For the Respondent/s :
Mr.Pushkar Narain Shahi ====================================================== 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 04.01.2019 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 writ in the nature of Mandamus and/or any other appropriate writ order or direction commanding upon the respondents to direct the construct the Panchayat Sarakar Bhawan over the land of
Patna High Court CWJC No.378 of 2019(2) dt.07-01-2020 2/3 Khata NO- 1267 Plot No- 4991 area 2.45 Acre or plot No- 4928 area 2 acre 96 Dismal recorded in the name of Anabad Bihar Sarkar which is easy accessable and approach of the people and for which the Aam Sabha of the Gram Panchayat Bishanpur Aabhi, Block- Khanpur, DistrictSamastipur has passed resolution no-2 dated 2.10.2011 but ignoring the said resolution of Aam Sabha of the said Gram Panchayat, Panchayat Sarakar Bhawan is going to the constructed at another place in a "Chaur" land 3 K.M. away from the from the Gram Panchayat head Quarter at Bishanpur Aabhi and also low land, submerged in water at last for four months in the year in the rainy season having no accesses/approach road."
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
Patna High Court CWJC No.378 of 2019(2) dt.07-01-2020 3/3 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) K.C.Jha/- U