Shyam Narayan Ram v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11052 of 2015 ====================================================== Shyam Narayan Ram S/o late Akaloo Ram, Resident of Village/ MohallaChitkohra Bazar, Post office- Gardani Bag, Police Station- Gardanibag, Distict Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar represented through the Principal Secretary, Department of Revenue & Land Reforms, Government of Bihar, Patna.

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

3. The Collector, Patna.

4. The Additional Collector, Patna.

5. The Deputy Commissioner Land Reforms, Patna.

6. The Sub Divisional Officer, Patna.

7. The District Land Acquisition Officer, Patna.

8. The Circle Officer, Patna Sadar, District -Patna.

9. Md. Nuruddin Ashraf, s/o late Aziuddin Ashraf, Resident of Village/ Mohalla- Chitkohra Bazar, Post office- Gardani Bag, Police StationGardanibag, Distict Patna. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Thakur Mr. Krishna Chandra For the Respondent No.1 to 8 : Mr. Avinash Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 11-01-2016 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, detailed in paragraph-4 of the writ petition, instead of awaiting for counter-affidavit on behalf of the respondents since the issue raised herein requires examination of certain disputed question of fact, this Court is of the opinion that the 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, Patna, raising all the issues, which have been raised in the present

Patna High Court CWJC No.11052 of 2015 (2) dt.11-01-2016 2/2 writ petition. It is ordered accordingly.

If such a comprehensive representation is filed on behalf of the petitioner before the respondent District Collector, Patna within a period of one month from today with a certified copy of the present order, then the respondent District Collector, Patna either himself or any other competent authority of the respondent State shall be obliged to consider and decide the claims of the petitioner, by a reasoned and speaking order, after giving an opportunity of hearing to the petitioner, respondent no. 9 and other persons, if any, at an early date preferably within a period of three months from the date of filing of such representation by the petitioner.

If on consideration of the materials the competent authority comes to a conclusion that claims raised on behalf of the petitioner with respect to the lands under dispute are admissible to him, then consequential order shall also be issued for grant of such admissible claims without any unnecessary further delay. It is clarified that this Court has not gone into the merits of the claims raised on behalf of the petitioner with respect to the lands in question and this is left to be decided by the competent authority in the manner indicated above.

The parties shall be at liberty to raise all the issues of facts and law, which may be available to them, before the respondent District Collector, Patna/ the competent authority. The writ petition stands finally disposed of with the observations and directions made above.

(Birendra Prasad Verma, J) BTiwary/- U