Pramod Kumar Tibrewal v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13811 of 2015 ====================================================== Pramod Kumar Tibrewal S/o Sri Badri Ram Marwari, resident of village - Sangrampur, P.S. Sangrampur, District - Banka .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Collector, Banka

3. The Additional Collector, Banka

4. The Sub-Divisional Officer, Banka

5. The Anchal Adhikari, Belhar, District - Banka

6. Hariya Manjhi

7. Phulo Manjhi

8. Ratto Manjhi

9. Arjun Manjhi

10. Karu Manjhi

11. Shyam Lal Manjhi

12. Hopna Tuddu

13. Etwari Kisku

14. Durga Murmu

15. Jura Murmu

16. Mangla Murmu

17. Yamuna Tuddu All Sons of not Known to the Petitioner All resident of village - Khasia, Police Station - Sangrampur, District - Banka .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Subodh Kumar Jha, Adv. For the Respondent Nos.1 to 5 : Mr. Ravi Ranjan, AC to SC-22 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 04-10-2016 Heard the parties.

In view of the nature of grievances/ claims raised on behalf of the petitioner in the present writ petition with respect to the lands in question, fully detailed in paragraph-10 of the writ petition, this Court is of the opinion that instead of keeping the matter pending and asking the respondents to file their counteraffidavit, interest of justice shall be sub-served if the petitioner is granted liberty to approach the District Collector, Banka for

Patna High Court CWJC No.13811 of 2015 (2) dt.04-10-2016 2/2 redressal of his valid grievances with respect to the claims raised by him in the present writ petition. It is ordered accordingly. If the petitioner files a comprehensive petition with all supporting documents as also a certified copy of the present order before the respondent District Collector, Banka within a period of six weeks from today, then the respondent District Collector, Banka either himself or any other competent authority of the respondent State, as per his endorsement, shall be obliged to consider and decide the claim of the petitioner with respect to the lands in question by a reasoned and speaking order, after giving an opportunity of hearing to the petitioner, and the respondent nos.6 to 17, besides others, if any, at an early date preferably within a period of six months from the date of filing of such petition by the petitioner.

It is clarified that this Court has not gone into the 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