Surendra Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21272 of 2014 ====================================================== Surendra Yadav, son of Shree Yadav, resident of village-Chamarpur, P.S.- Shahpur, District-Bhojpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

3. The Divisional Commissioner, Patna Division, Patna.

4. The Director, Land Acquisition, Revenue and Land Reforms Department, Government of Bihar, Patna.

5. The Collector, Bhojpur at Ara.

6. The District Land Acquisition Officer, Bhojpur at Ara. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Rajnandan Prasad, Adv. Mr. Brajesh Prasad Gupta, Adv.

For the Respondent/s : Mr. Indeshwari Prasad Mandal, AC to GA-7. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 05-02-2016 Heard the parties.

In view of the nature of the grievances raised on behalf of the petitioner in the present writ petition with respect to the lands claimed by him, fully detailed in paragraph 1 of the writ petition, this Court is of the opinion that, instead of keeping the matter pending awaiting counter affidavit from the respondents, interest of justice shall be sub-served, if the petitioner is granted liberty to file a comprehensive representation with all supporting documents before the respondent District Collector, Bhojpur at Ara (respondent no.5), raising all the pleas, which have been raised in the present writ petition. It is ordered accordingly. If such a comprehensive representation is filed by the petitioner within a period of one month from today with a certified copy of the present order, then the respondent District Collector, Bhojpur at Ara, either himself or any other competent authority of

Patna High Court CWJC No.21272 of 2014 (2) dt.05-02-2016 the respondent State, as per his direction, shall be obliged to consider and decide the claims raised on behalf of the petitioner strictly in accordance with law by a reasoned and speaking order, after giving an opportunity of hearing to the petitioner and 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.

If on consideration of the materials, the competent authority comes to a conclusion that the claims raised on behalf of the petitioner with respect to the lands in question are admissible to him, then the consequential orders shall also be issued for grant of such admissible claims without any unnecessary further delay. The writ petition stands finally disposed of with the observations and directions made above.

(Birendra Prasad Verma, J) Arvind/- U