Ganesh Mahto And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9090 of 2015 ======================================================

1. Ganesh Mahto Son of Vishwanath Mahto

2. Dinesh Mahto S/o Vishwanath Mahto Both are residents of Village- Inatpur Prabodhi, P.O.+ P.S. Sarai, District- Vaishali at Hajipur.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Revenue and land Reforms, Department Government of Bihar, Patna.

2. The Collector, Vaishali at Hajipur.

3. The Deputy Collector Land Reforms (DCLR) Vaishali at Hajipur.

4. The SDO Vaishali at Hajipur

5. The Circle Officer (C.O) Sarai Block, District Vaishali (C.O) Sarai Block District- Vaishali at Hajipur.

6. Lakhan Sah Son of Late Jharilal Sah, R/o Village- Fuaitpur Probodhi, P.S. + P.O.- Sarai, District- Vaishali.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar No. 1, Advocate For the Respondent/s : None ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 20-09-2016 Heard the learned counsel appearing on behalf of the petitioners. However, none appears on behalf of the State of Bihar and its authorities, though the name of the learned State counsel is printed in the daily cause list.

2. In view of the nature of the grievances/claims raised on behalf of the petitioners, fully enumerated in paragraph 1 of the writ petition, with respect to lands in question, this Court is of the opinion that instead of keeping the matter pending, the interest of justice shall be subserved if the petitioners are granted liberty to file a fresh comprehensive representation before the District Collector, Vaishali at Hajipur with all supporting documents raising all the pleas, which have been raised in the present writ petition. It is ordered accordingly.

3. If such a fresh comprehensive representation is

Patna High Court CWJC No.9090 of 2015 (2) dt.20-09-2016 2/2 filed on behalf of the petitioners with all supporting documents as also with a certified copy of the present order within a period of one month from today, then the respondent District Collector, Vaishali at Hajipur, either himself or any other competent authority of the State, as per his endorsement, shall be obliged to consider and decide the claims of the petitioners strictly in accordance with law, by a reasoned and speaking order, after giving an opportunity of hearing to the petitioners and the respondent no.6, besides 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 petitioners, in the manner indicated above.

4. It is clarified that this Court has not gone into the merits of the claims raised on behalf of the petitioners, particularly in the background that no State counsel is appearing on behalf of the State of Bihar and its authorities, and the matter is left to be decided by the competent authority strictly in accordance with law.

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

(Birendra Prasad Verma, J) Tahir/- U