Dashrath Mahto v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14562 of 2014 ====================================================== Dashrath Mahto Son of Sri Rama Singh, Resident of Village - Ranipur, P.O. + P.S. - Phulwarisharif, District - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Urban Development Department, Government of Bihar, Patna.

2. The Principal Secretary, Revenue Department, Government of Bihar, Patna.

3. The Collector, Patna.

4. The Land Reforms Deputy Collector, Patna Sadar, Patna.

5. The Circle Officer, Phulwarisharif, Patna. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dinu Kumar, Adv. For the Respondent/s : Mr. Sunil Kr. Mandal, SC-24 Mr. Bipin Kr. Adv., AC to SC-24 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 19-07-2016 After having heard the parties and on examination of the materials available on the record as also on examination of the averments made in the writ petition and the counter-affidavit filed on behalf of the respondent no. 3 to 5, this Court finds that all the relevant materials have not been brought on the record either by the writ petitioner or by the respondents. In absence of the relevant materials on the record, the issue raised on behalf of the petitioner with respect to the lands in question, fully detailed in paragraph-5 of the writ petition, cannot be appropriately gone into by this Court in the present proceeding.

In above view of the matter, the writ petition is disposed of with a liberty to the petitioner to approach the District Collector, Patna for grant of appropriate relief(s) with respect to the lands in question.

If a comprehensive representation is filed on behalf of

Patna High Court CWJC No.14562 of 2014 (2) dt.19-07-2016 2/2 the petitioner with all relevant documents in support of his claim with respect to the lands in question, then the same shall be considered and decided in accordance with law at an early date preferably within a period of six months from the date of filing of such representation.

(Birendra Prasad Verma, J) BTiwary/- U