Rajendra Mahto @ Rajendra Mahato v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19307 of 2014 ====================================================== Rajendra Mahto @ Rajendra Mahato, S/o Late Ramdhani Mahto, R/o Village - Dhenuki, P.S. - Panapur, District - Saran at Chapra. .... .... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Land Reforms Department, Govt. of Bihar, Patna.

2. The District Magistrate, Saran at Chapra.

3. The Deputy Collector, Land Reforms, Saran at Chapra.

4. The Sub Divisional Officer, Marhoura, District Saran at Chapra.

5. The Anchaladhikari, Panapur, District Saran at Chapra.

6. The Superintendent of Police, Saran at Chapra.

7. The Officer Incharge, Panapur, District Saran at Chapra.

8. Sheela Devi W/o Shiboo Prasad

9. Dinanath Prasad S/o Late Ram Jatan Prasad

10. Sita Ram Prasad S/o Late Babulal Prasad

11. Lalita Devi W/o Triveni Prasad

12. Yogendra Prasad S/o Late Ganpati Prasad, All are residing at Dhenuki, P.S. - Panapur, District - Saran at Chapra. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sharda Nand Mishra, Adv. Mr.Dhananjay Kumar Gupta, Adv.

For the Respondent nos.1to7 : Mr. Shiv Kumar, AC to GA-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 08-09-2016 Heard the parties.

In view of the nature of the grievances/claims raised on behalf of the petitioner in the present writ petition, this Court is of the opinion that, instead of keeping the matter pending any longer asking the respondents to file their counter affidavit, the interest of justice shall be sub-served, if the petitioner is granted liberty to approach the respondent no.2 by filing a fresh comprehensive representation with all supporting documents and raising all the pleas, which have been raised in the present writ petition. It is ordered accordingly.

If such a fresh comprehensive representation is filed by

Patna High Court CWJC No.19307 of 2014 (2) dt.08-09-2016 the petitioner within a period of one month from today with a certified copy of the present order, then the respondent no.2 either himself or any other competent authority of the respondent State, as per the direction of the respondent no.2, shall be obliged to consider and decide the claims raised on behalf of the petitioner with respect to the lands in question by a reasoned and speaking order, after giving an opportunity of hearing to all concerned including the petitioner as also the private respondent nos.8 to 12, besides others, if any, at an early date, preferably within a period of three months from the date of filing of such comprehensive representation 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 the same 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.

Arvind/- (Birendra Prasad Verma, J) U