Nundeo Manjhi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20042 of 2013 ====================================================== Nundeo Manjhi son of Late Hari Manjhi, resident of Village- Gidhaur, P.S. Gidhaur, District- Jamui .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna

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

3. The District Magistrate, Jamui

4. The Additional District Magistrate, Jamui

5. The Sub-Divisional Magistrate, Jamui, District- Jamui

6. The Circle Officer, Lakshmipur, District- Jamui

7. The Block Development Officer, Gidhaur, District- Jamui .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Ranjit Sinha, Advocate Mr. Prakash Kumar, Advocate Mr.Manoranjan Kumar, Advocate For the Respondent/s : Mr. Dinbandhu Singh, GP 9 Mr. Satyeshwar Prasad, AC to GP 9 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 15-12-2015 Heard the parties.

In view of the nature of grievances/claims raised on behalf of the petitioner as also in view of the averments made in the writ petition with respect to the documents, as contained in Annexure-4, this Court is of the opinion that, in stead of keeping the matter pending before this Court awaiting a counter affidavit on behalf of the respondents, the interest of justice shall be subserved if the petitioner is granted liberty to file a fresh comprehensive representation before the District Magistrate-cumCollector, Jamui (respondent no.3) with all supporting documents 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

Patna High Court CWJC No.20042 of 2013 (3) dt.15-12-2015 2/2 on behalf of the petitioner within a period of one month from today with a certified copy of the present order, then the respondent District Magistrate-cum-Collector, Jamui, 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 opportunity of hearing to all concerned including the petitioner, 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 respondent District Magistrate-cum-Collector or any other competent authority of the respondent State comes to a conclusion that the claims raised on behalf of the petitioner are admissible to him, then consequential orders shall also be issued for grant of such admissible claims without any unnecessary further delay. It is clarified that till the matter is finally decided either by the respondent District Magistrate-cum-Collector or any other competent authority of the respondent State, status quo, as obtaining today, over the lands claimed by the petitioner, shall be maintained by the parties.

The writ petition stands finally disposed of with the observations and directions made above.

(Birendra Prasad Verma, J) Tahir/- U