Dilip Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20299 of 2014 ======================================================

1. Dilip Kumar S/o late Ramashray Kewat @ Ramashray Mahto

2. Ram Ratan Kewat son of late Meghan Kewat @ Ram Kishun Kewat

3. Parmeshwar Kewat son of late Meghan Kewat @ Ram Kishun Kewat All resident of Village-Chakhamind (Birjumilki), P.S.- Harnaut, District- Nalanda .... .... Petitioner/s

Versus

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

2. The Sub-Divisional Officer, Bihar Sharif, Nalanda

3. The Circle Officer, Circle cum, Block, Harnaut, Nalanda

4. The Block Development Officer, Block, Harnaut, Nalanda .... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Sanjay Prasad, Advocate For the Respondent/s : Mrs. Kumari Amrita, GP-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 15-01-2015 Heard the parties.

The petitioners are aggrieved by a construction of 30 feet wide new Bandh which they allege is being constructed on their raiyati land bearing Plot No. 766, 767, 768, 769, 1225, 1226, 1227, 1228 and 1229 situated in Maujha Barah, Harnaut Block in the District of Nalanda. It is complaint of the petitioners that the said work is being carried on the raiyati land of the petitioners without their consent and without any sanctioned scheme. However, while making such submission, there is no document on the record which reflects their title over the plots in question. A representation is stated to have been filed before the District

Patna High Court CWJC No.20299 of 2014 (2) dt.15-01-2015 Magistrate cum Collector, Nalanda, a copy of which is placed at Annexure-3 but even in the said representation, the petitioners have not enclosed any document of title.

In the circumstances, the writ petition is disposed of with a liberty to the petitioners to raise their grievance before the District Magistrate-cum-Collector, Nalanda by filing a fresh representation and enclosing the documents supporting their title over the plots in question and which representation should be considered and disposed of by the District Magistrate-cumCollector, Nalanda in accordance with law and after giving opportunity of hearing to the petitioners expeditiously and preferably within three months from the date of receipt / production of a copy of this order.

(Jyoti Saran, J) S.Sb/- U