Kuber Manjhi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23057 of 2013 ====================================================== Kuber Manjhi Son of Late Ram Kishun Manjhi, Resident of VillagePatkhauli, Police Station- Bijaypur, District- Gopalganj (Bihar) .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Collector-Cum-District Magistrate, Gopalganj, District- Gopalganj

3. The Deputy Collector Land Reforms, Hathua, Sub-Division-Hathua, District- Gopalganj

4. The Sub-Divisional Officer, Hathua, Sub-Division- Hathua, DistrictGopalganj

5. The Circle Officer, Vijayipur, Circle- Vijayipur, Sub-Division- Hathua, District- Gopalganj

6. The Chairman, Bihar Bhoodan Yogna Committee, Road No. 20, Gardanibagh, Patna

7. The Karyalaya Mantri, Bihar Bhoodan Yagna Committee, Branch Office, Gopalganj, District- Gopalganj

8. Mr. Chhedi Bhar Son Of Mahajan Bhar Resident Of Village- Dhabawal, Police Station- Bijaypur, District- Gopalganj

9. Mr. Bansi Hazam Son Of Kukur Hazam Resident Of VillageDhabawal, Police Station- Bijaypur, District- Gopalganj

10. Mr. Chandradeo Hazam Son Of Laxmi Hazam Resident Of VillageDhabawal, Police Station- Bijaypur, District- Gopalganj .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nityanand Mishra For the Respondent No.6 : Mrs. Alka Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 21-12-2015 Heard the parties.

Though, the present writ petition was filed on 19.11.2013, yet despite passage of more than two years, counteraffidavit has not been filed on behalf of the respondents, including

Patna High Court CWJC No.23057 of 2013 (2) dt.21-12-2015 2/3 the respondent no. 6.

In above view of the matter and in view of the nature of grievances/claims raised on behalf of the petitioner in the present writ petition, this Court is of the opinion that instead of keeping the matter pending before this Court, awaiting counter-affidavit on behalf of the respondents, the interest of justice shall be subserved if the petitioner is granted liberty to file a comprehensive representation before the Chairman, Bhoodan Yagna Committee, Patna (respondent No. 6) with all supporting documents raising all the pleas, which have been raised in the present writ petitioner. 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 No.6 either himself or any other competent authority of the Bhoodan Yagna Committee, Patna, shall be obliged to consider and decide the claims of the petitioner, after giving an opportunity of hearing to all concerned including the private respondents, by a reasoned and speaking order at an early date preferably within a period of six months from the date of filing of such representation by the petitioner.

If on consideration of the materials and after hearing the parties, the respondent no. 6 either himself or any other competent authority of the Bhoodan Yagna Committee, Patna, comes to a conclusion that the 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.

This is clarified that this Court has not gone into the

Patna High Court CWJC No.23057 of 2013 (2) dt.21-12-2015 3/3 merits of the claims raised on behalf of the petitioner in the present writ petition and this is left to be decided by the competent authority strictly in accordance with law.

The writ petition stands finally disposed of with the observations and directions made above.

(Birendra Prasad Verma, J) BTiwary/- U