Sarjun Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6759 of 2020 ====================================================== Sarjun Prasad Yadav, Son of Sheo Narayan Yadav, Resident of Village Aropur Tola, Bartara, P.S. Tankuppa, District Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

2.

Divisional Commissioner, Magadh Division, Gaya. 3.

District Magistrate, Gaya.

4.

Anchal Adhikari, Tankuppa Anchal, District Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Prasad Singh, Advocate For the Respondent/s :

Md.Khurshid Alam, AAG-12 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 23-12-2020 Petitioner has prayed for the following relief(s):- "That, this is an application for issuance of an appropriate Writ or Writs directing the respondents to remove the encroachment from the public land bearing Khata No. 229, Plot No.37 recorded in the name of Anabad Bihar Sarkar situated in village Aropur Tola Anchal Tankuppa within the district of Gaya which has been used by the pubic at large as reservoir and/or to grant any other relief/reliefs for which the petitioner is legally entitled in the facts and circumstances of the case."

Learned counsel for the State opposes the petition stating that the petition is misconceived; raises disputed

Patna High Court CWJC No.6759 of 2020 dt.23-12-2020 2/3 question of fact; is not in public interest; and that the issue can be best resolved at the Government level by the appropriate authorities.

After the matter was heard for some time, learned counsel for the petitioner submits that petitioner shall be content if a direction is issued to the concerned respondent(s) to consider and decide the representation which the petitioner shall be filing afresh for redressal of the grievance(s). Learned counsel for the respondents states that if such a representation is filed by the petitioner, the authority concerned shall consider and dispose it of expeditiously and preferably within a period of two months from the date of its filing along with a copy of this order.

Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.

We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch. Needless to add, while considering such representation, principles of natural justice shall be followed

Patna High Court CWJC No.6759 of 2020 dt.23-12-2020 3/3 and due opportunity of hearing afforded to the parties. Liberty reserved to the petitioners to approach the Court, if the need so arises subsequently on the same and subsequent cause of action.

We have not expressed any opinion on merits. All issues are left open.

The proceedings, during the time of current Pandemic- Covid-19 shall be conducted through digital mode, unless the parties otherwise mutually agree to meet in person i.e. physical mode.

The petition stands disposed of in the aforesaid terms.

Interlocutory Application(s), if any, also stands disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Ashwini/- AFR/NAFR CAV DATE Uploading Date 26.12.2020 Transmission Date