Niranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5102 of 2020 ====================================================== Niranjan Kumar Son of Kapil Mandal Resident of Village-Ghouri, P.S. Harpur, District-Munger.

... ... Petitioner/s

Versus

1.

The State of Bihar through Addl. Chief Secretary, Rural Development Department, Government of Bihar, Patna.

2.

The Addl. Chief Secretary, Rural Development Department, Government of Bihar, Patna.

3.

The District Magistrate, Munger, District-Munger. 4.

The Addl. Collector, Munger, District-Munger. 5.

The Deputy Collector of Land Reforms, Kharagpur, District-Munger. 6.

The Circle Officer, Tetia Bambar, District-Munger. 7.

The Executive Engineer, DRDA, Munger, District-Munger. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhananjay Kumar Gupta, Advocate For the Respondent/s :

Mr. Vinay Kirti Singh, G.A. 2 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 05-03-2020 The petition filed on 04.03.2020 is listed for hearing for the first time today before the Court.

This application has been preferred praying inter alia for the following relief/s:

"For issuance of appropriate direction/directions to the respondents for starting the works under Manrega Scheme relating to fill up of the earth work in play ground and construction of boundary wall of the Hathinath play ground, bearing Mouza-

Patna High Court CWJC No.5102 of 2020(2) dt.05-03-2020 2/3 Dhouri, Thana No. 337, Khata No. 212, Khesra No. 705 and 706, Area-3 acre 58 decimal is Gairmajarua malik land and further issue direction to the respondents start the work under Manrega Scheme as objected by the claimant said objection has been rejected vide letter No. 320 dated 01.08.2019 by holding that the aforesaid land is play ground and further give other legal consequential benefit to the petitioner."

Considering the nature of grievance raised in the application, we are of the considered view that it would be appropriate if the petitioner were to first approach the respondent authorities by way of filing representation. The present application is, accordingly, disposed of reserving liberty to the petitioner to file appropriate representation before the appropriate authority within a period of four weeks. If such a representation is filed by the petitioner within the time stipulated, the authority concerned is directed to consider the same and dispose it of expeditiously and preferably within a period of three months thereafter. Needless to say that while considering such request, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties.

If aggrieved by the said order, the petitioner shall have liberty to approach this Court by way of separate petitions, if so required and desired.

Patna High Court CWJC No.5102 of 2020(2) dt.05-03-2020 3/3 With the aforesaid observations, this application is disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/uma/- U