Patna High CourtCWJC/2136/2015disposed

Md. Bodha @ Anwar v. The State Of Bihar And ORS

2015-02-03Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2136 of 2015 =========================================================== Md. Bodha @ Anwar S/O Late Duni Mohammad, resident of village Binnabari, P.S.- Kurlikot, District- Kishanganj.

.... .... Petitioner/s

Versus

1.The State of Bihar

2. The District Magistrate-cum-Collector, Kishanganj.

3. The Sub Divisional Officer, Kishanganj.

4. The Circle Officer, Thakurganj, Kishanganj.

5. Ram Babu Prasad, son of Late Raghubir Prasad.

6. Rabri Devi wife of RamBabu Prasad Nos. 5 and 6 are residents of village Bannabari, P.O.- Pipraithan, P.S.- Kurlikot, District- Kishanganj.

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

For the Petitioner/s : Mr. Mukesh Kumar Jha For the Respondent/s : Mr. SC27- KINKAR KUMAR =========================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL JUDGMENT Date: 03-02-2015 Heard the parties.

Although the representation filed by the petitioner before the District Magistrate (Annexure-4 series) does not invoke any statutory jurisdiction of the Authority, however, Mr. Prasad, Counsel for the petitioner has submitted that the application be disposed of by directing the respondent District Magistrate to consider the petitioner's representation (Annexure-4 series). Counsel for the State has also taken a stand that if there is any litigation concerning the land, the remedy is through the Civil Court or the appropriate forum.

Be that as it may, considering the facts and

Patna High Court CWJC No.2136 of 2015 dt.03-02-2015 circumstances of the case, the writ application is disposed of by directing the District Magistrate to consider the representation filed by the petitioner (Annexure-4 series) in accordance with law. The petitioner undertakes to produce fresh copy of the representation along with copy of the present order before the respondent District Magistrate within three weeks.

(Kishore Kumar Mandal, J) Pankaj/- U