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Patna High CourtCWJC/6438/2020disposed

Vathu Baitha v. The State Of Bihar

2021-11-26Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6438 of 2020 ====================================================== Vathu Baitha, Son of late Manjhi Baitha, Resident of Village- Lohasi, Ward No. 11, Gosainpur, P.S. Belsand, District- Sitamarhi. ... ... Petitioner

Versus

1.

The State of Bihar through the Collector, Sitamarhi. 2.

The Collector, Sitamarhi.

3.

The Sub- Divisional Officer, Belsand, District- Sitamarhi. 4.

The Land Reform Deputy Collector, District- Sitamarhi. 5.

The Circle Officer, Belsand, District- Sitamarhi. 6.

Indradeo Mahto, Son of late Sahdeo Mahto, Resident of Village- Lohasi, P.S. Belsand, District- Sitamarhi.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Gopal Krishna, Advocate For the Respondent/s :

Mr.Md. Khursid Alam, AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 26-11-2021 Heard learned counsel for the petitioner and learned counsel for the State through video conference.

2. The present writ petition has been filed for "issuance of a writ in the nature of mandamus or any other appropriate writ to command/direct the respondents to remove encroachment and hand over possession over Plot No.59/3442, Khata No.-724, Thana No.57 in village-Lohasi area 3 decimal which was settled in the name of Fudan Baitha the deceased brother of petitioner and further 3 decimal of the said plot which was settled in the name of petitioner".

Patna High Court CWJC No.6438 of 2020 dt.26-11-2021 2/2

3. At the very outset, learned counsel for the petitioner submits that it will suffice if the present writ petition is disposed of by granting liberty to the petitioner to file a fresh representation before the Circle Officer, Belsand, Sitamarhi for redressal of his grievances, and without going into the detailed merits of the matter.

4. Learned counsel for the State is present.

5. Having regard to the stand of the petitioner, the writ petition is disposed of, with liberty to the petitioner to file a fresh representation before the Circle Officer, Belsand, Sitmarhi for redressal of his grievances within a period of three weeks from today. If any such representation is filed within the aforesaid period, the same shall be considered and disposed of on its own merits in accordance with law and after grant of an opportunity of hearing to the petitioner, expeditiously and in any event preferably within a period of three months thereafter.

(Vikash Jain, J) V.K.Pandey/- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 03.12.2021 Transmission Date N.A.