Sushma Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7872 of 2016 ===========================================================

1. Sushma Kumari, Daughter of Sri Gangotari Narayan Shahi, Resident of MohallaMithanpura Chowk, Narayanpur Road, P.O. Ramna, P.s. Mithanpura, DistrictMuzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar through the District Magistrate, Muzaffarpur.

2. The District Magistrate, Muzaffarpur District- Muzaffarpur.

3. The Sub-Divisional Officer, East Muzaffarpur, District- Muzaffarpur.

4. The Circle Officer, Mushahari, District- Muzaffarpur. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar Singh For the Respondent/s : Mr. DR. ANSHUMAN- SC14 =========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL JUDGMENT Date: 26-04-2017 Heard the parties.

2. Originally, the petitioner filed this writ petition against four respondents but, lateron, I.A.No. 6092 of 2016 has been filed on behalf of the petitioner praying therein to implead three more respondents, as mentioned at Para-11 of the aforesaid petition, and furthermore, for addition of some more reliefs.

3. The petitioner claims that she applied for retail outlet of the Indian Oil Corporation Ltd and finally she was selected and letter of intent was issued to her but for establishment of retail outlet, there was need for conversion of land from agricultural land to non agricultural land and No Objection Certificate was to be submitted

Patna High Court CWJC No.7872 of 2016 dt.26-04-2017 2/3 before the concerned authorities. Accordingly, petitioner filed a petition before SDO, Muzaffarpur, on 29.06.2015 for conversion of his plot no.973 of village- Dighra Rampur Sah, from agricultural land to non agricultural land under the appropriate section of the Bihar Agricultural Land ( Conversion for Non- Agricultural Purposes) Act, 2010 but even after lapse of near about two years, no order has been passed on the aforesaid petition, and similarly, petitioner filed a petition for getting No Objection Certificate from Executive Engineer, Road Construction Division-I, Muzaffarpur, and also deposited demand draft of required amount but even after filing of the petition as well as depositing of the required amount, No Objection Certificate has not been issued to her. Accordingly, it is prayed that both the above stated concerned authorities be directed to dispose of the petitions of the petitioner in accordance with law within the prescribed period.

4. Although learned counsel appearing for the State submits that the respondent no.3, the SDO, East Muzaffarpur, has already proceeded for disposal of the petitions or representations filed before him and after the order of the respondent no. 3 on the petition filed before him, the respondent no.4 shall investigate the lands in question and submit his report to the S.D.M, East Muzaffarpur.

5. In view of the aforesaid submissions as well as facts and

Patna High Court CWJC No.7872 of 2016 dt.26-04-2017 3/3 circumstances of the case, this writ petition along with I.A. No. 6092 of 2016 stands disposed of giving direction to the respondent no. 3 as well as Executive Engineer Road Construction Department, Road Division-I, Muzaffarpur, to dispose of the respective petitions filed before them in accordance with law within a month from the date of receipt/ production of a copy of this order, failing which the matter shall be viewed seriously.

(Hemant Kumar Srivastava, J) N.K/- AFR/NAFR NAFR CAV DATE NAFR Uploading Date 01.05.2017 Transmission Date 01.05.2017