Ranjay Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13956 of 2015 ====================================================== Ranjay Kumar Singh son of Radha Raman Singh, resident of VillageSujatpur, P.S. Madhwapur, District Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The District Magistrate-cum- Collector, Madhubani.

3. The Superintendent of Police, Madhubani.

4. The Sub-Divisional Magistrate-cum-Sub-divisional Officer, Subdivision- Benipatti, District- Madhubani.

5. The Deputy Collector, Land Reforms, Benipatti, District Madhubani.

6. The Circle Officer, Circle Madhwapur, District Madhubani.

7. The Sub-divisional Police Officer, Benipatti, District Madhubani.

8. The Officer-in-Charge, Police Station Madhwapur, District Madhubani.

9. Tilak Sada, son of Sukhnandan Sada.

10. Jainarayan Sada son of Amarit Sada.

11. Kapleshwar Sada, son of Ramphal Sada.

12. Rakesh Sada, son of Bashisth Sada.

13. Chhote Sada, son of Chhedi Sada.

14. Vilash Sada son of Batohi Sada.

15. Sukhnandan Sada son of Gopi Sada

16. Kamlesh Sada son of Mahendra Sada.

17. Utim Sada son of Mahendra Sada

18. Mehi Sada son of Triveni Sada.

19. Subansh Sada, son of Gonaur Sada.

20. Sadhu Sada, son of Batohi Sada.

21. Narayan Sada, son of Manchit Sada.

22. Ram Kishun Sada, son of Rajendra Sada.

23. Rajendra Sada, son of Manchit Sada, Respondent Nos. 9 to 23 resident of village Sujatpur, P.S. Madhwapur, District Madhubani. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kishore Thakur, Adv. Mr. Devendra Kumar, Adv.

For the Respondent Nos. 1 to 8 : Mr. Madanjeet Kumar, G.P. 20 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 22-09-2016 Heard the learned counsel appearing on behalf of the petitioner and the learned G.P. 20 appearing on behalf of the respondent nos. 1 to 8.

In view of the nature of grievances/claims raised on behalf of the petitioner in the present writ petition with respect to

Patna High Court CWJC No.13956 of 2015 (2) dt.22-09-2016 2/3 the lands in question, fully detailed in paragraph-1 of the writ petition, and also in view of the fact that the representation filed on behalf of the petitioner before the respondent District Collector, Madhubani, which has been brought on the record as Annexure-5 to the writ petition, has not been disposed of till date, this Court is of the opinion that instead of keeping the matter pending before this Court asking the respondents to file their separate counteraffidavit, the interest of justice shall be sub-served if the petitioner is granted liberty to file a fresh comprehensive representation before the respondent District Collector, Madhubani 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 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 Collector, Madhubani either himself or any other competent authority of the respondent State, as per his endorsement, shall be obliged to consider and decide the claims of the petitioner with respect to the lands in question as also the issues raised in the present writ petition, by a reasoned and speaking order, after giving an opportunity of hearing to the petitioner and the respondent nos. 9 to 23, besides others, if any, at an early date preferably within a period of four months from the date of filing of such representation by the petitioner.

It is clarified that the parties shall be at liberty to raise all the issues of facts and law with respect to the lands in question before the competent authority.

This is also clarified that this Court has not gone into the merits of the claims raised on behalf of the petitioner with respect

Patna High Court CWJC No.13956 of 2015 (2) dt.22-09-2016 3/3 to the lands in question in the present writ petition and this 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.

(Birendra Prasad Verma, J) BTiwary/- U