Kamlesh Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3615 of 2012 ====================================================== Kamlesh Prasad Singh Son of Late Maheshwar Prasad Singh, Resident of Village - Madhoulsoni, P.O.- Manpur Ratnawali, P.S.- Runnisaidpur, Block- Runni Saidpur, District- Sitamarhi .... .... Petitioner/s

Versus

1. The State of Bihar through Chief Secretary, Secretariat, Patna

2. Rehabilitation Officer, Bagwati Pariyojna, Sitamarhi

3. District Magistrate, Sitamarhi

4. Water Resource Department through its Secretary, Secretariat, Patna

5. Secretary, Water Resources Department, Secretariat, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shailendra kr jha Mr. Anil Kumar Tiwary For the Respondent/s : Mr. Biresh Kr Sinha, AC to AAG- 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 23-09-2015 Heard the parties.

In view of the nature of grievances/claims raised on behalf of the petitioner with respect to the lands in question and in view of the averments made in the writ petition as also the documents, as contained in Annexure-1and 3, and further in absence of denial by the respondents about disposal of the representation (Annexure-3) filed on behalf of the petitioner, this Court is of the opinion that the interest of justice shall be subserved if the petitioner is granted liberty to file a fresh comprehensive representation with all supporting documents raising all the pleas, which have been raised in the present writ petition, before the respondent District Magistrate, Sitamarhi. It is ordered accordingly.

If such a comprehensive representation is filed on behalf of the petitioner within a period of one month from today with a certified copy of the present order, then the respondent District

Patna High Court CWJC No.3615 of 2012 (3) dt.23-09-2015 2/2 Magistrate, Sitamarhi, shall be obliged to consider and decide the claims of the petitioner by a reasoned and speaking order, after giving an opportunity of hearing to the petitioner, besides others, at an early date preferably within a period of three months from the date of filing of such representation.

If on consideration of the materials the respondent District Magistrate, Sitamarhi comes to a conclusion that claims raised on behalf of the petitioner are admissible to him, then consequential order shall also be issued for grant of such admissible claims without any unnecessary further delay. The writ petition stands finally disposed of with the observations and directions made above.

(Birendra Prasad Verma, J) BTiwary/- U