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Patna High CourtCWJC/13765/2011disposed

Satrughan Jha v. The State Of Bihar And ORS

2019-08-05Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13765 of 2011 ====================================================== SATRUGHAN JHA S/O Shyam Jha R/O Village- Gangapur, P..S- Pandaul, District.- Madhubani ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR and ORS 2.

The Commissioner-Cum-Secretary, Water Resources Department, Govt. Of Bihar, Sinchai Bahwan, Patna 3.

The Director, Land Acquisition And Rehabilitation, Water Resources Department, Govt. Of Bihar, Sinchai Bahwan, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravindra Nath Dubey For the Respondent/s :

Mr.Ajay Sc11 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 05-08-2019 Heard counsel for the petitioner and counsel for the respondents-State.

Against the order passed by the Director, Land Acquisition and Rehabilitation dated 03.06.2011, counsel for the petitioner submits that he will approach the court of the Commissioner by filing appeal.

Counsel for the petitioner submits that appeal should be decided on merits without raising any objection regarding delay.

Such submission has been made on account of objection raised by counsel for the State regarding remedy available to the petitioner against respondent no.2.

Patna High Court CWJC No.13765 of 2011(3) dt.05-08-2019 2/2 In the circumstance, since appeal has to be considered by respondent no.2, writ petition is disposed of with liberty to the petitioner to approach respondent no.2 by filing appeal within four weeks.

In the event, petitioner avails opportunity within four weeks, respondent no.2 (The Commissioner-cum- Secretary, Water Resources Department, Govt. of Bihar, Sinchai Bhawan, Patna) should consider the claim of the petitioner without raising issue of delay, by a reasoned and speaking order in accordance with law expeditiously, without undue delay and preferably within a period of three months from the date of filing of the appeal.

(Madhuresh Prasad, J) s.hassan/- U