Deo Nandan Das And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4381 of 2016 ======================================================
1. Deo Nandan Das, Son of Late Raghuni Das
2. Parmeshwari Devi, Wife of Kedar Das
3. Rita Devi, Wife of Suresh Paswan
4. Sanju Devi, Wife of Sunil Paswan,
5. Shila Devi, Wife of Anil Paswan,
6. Birja Devi, wife of Shrawan Paswan
7. Dev Chandra Manjhi, son of Late Ramdhani Manjhi
8. Shima Devi Wife of Kishore Paswan
9. Priyanka Devi, Wife of Shambhu Paswan
10. Annu Kumari, Wife of Sonu Kumar
11. Lalmuni Devi, Wife of Ram Sharan Paswan
12. Meena Devi Wife of Santosh Paswan
13. Nitu Devi, Wife of Nawlesh Paswan
14. Malti Devi, Wife of Ram Pravesh Ravidash
15. Meena Devi, Wife of Jai Ram Das
16. Sita Devi, Wife of Dharam Das
17. Kiran Devi, Wife of Late Laldeo Paswan
18. Indu Devi, Wife of Late Ram Chandra Paswan
19. Pramila Devi, Wife of Arjun Manjhi
20. Usha Devi, Wife of Pradeep Manjhi
21. Rina Devi, Wife of Pankaj Kumar Das
22. Maheshwar Das son of Rohit Das
23. Subhadra Devi, Wife of Kishori Manjhi
24. Guria Devi, Wife of Laldeo Paswan
25. Saroj Devi, Wife of Raj Kumar Paswan
26. Valmati Devi, Wife of Late Shiv Dahin Paswan
27. Parwati Devi, Wife of Anuj Paswan
28. Khushbu Devi, Wife of Mukesh Das
29. Babita Devi, Wife of Dipu Das
30. Marni Devi, Wife of Manister Manjhi
31. Usha Devi, Wife of Arjun Manjhi
32. Mala Kumari @ Bebi Devi, wife of Ranjit Kumar
33. Rani Devi, wife of Amit Kumar
34. Sumitra Devi, wife of Deo Nandan Das
35. Sunaina Devi, wife of Upendra Das
36. Suman Devi, wife of Pintu Das
37. Mala Devi, wife of Satyendra Das
38. Bunni Devi, wife of Sunil Das
39. Pinki Devi, wife of Mithilesh Das
40. Priti Kumari, wife of Shashi Das
41. Jageshwari Devi, wife of Late Raghuni Das
42. Sharda Devi, wife of Lal Babu Ravidas
43. Simpi Devi, wife of Dharmendra Das
44. Anita Devi wife of Raju Ravidas
45. Sijanti Devi, wife of Jitendra Paswan
46. Phul Kumari Devi, Wife of Ajit Paswan
47. Radha Devi, Wife of Randhir Paswan
48. Amrita Devi, wife of Monu Paswan
49. Chandrama Devi, Wife of Kalindra Das
50. Kumari Dipa Bharti, wife of Ravi Ranjan Das @ Ganauri Das
51. Kunti Devi, wife of Ram Babu Manjhi
52. Kamodar Devi, wife of Tapeshwar Manjhi
53. Gulabiya Devi, wife of Baleshwar Manjhi
54. Sitabiya Devi, wife of Assi Paswan
55. Punam Devi, wife of Pramod Paswan
56. Babita Devi, wife of Raju Paswan
57. Bhawani Devi, wife of Late Mishri Manjhi
58. Indu Devi, wife of Rudal Manjhi
59. Urmila Devi, wife of Sudhir Paswan
60. Chameli Devi, wife of Sudhir Manjhi All Residents of village/Mohalla- Bari Pahari, Mushar Toli, P.O.- Pahari, P.S.- Agam Kuan, District- Patna .... .... Petitioner/s
Versus
1. The State of Bihar
2. Principal Secretary, Revenue Department, Govt. of Bihar, Patna
3. Land Reforms Commissioner, Patna
4. Commissioner, Patna Division, Patna
5. District Magistrate cum Collector, Patna
6. Deputy Development Commissioner, Patna
7. Sub-Divisional Officer, Patna City
8. Deputy Collector Land Reforms, Patna City
9. Circle Officer, Sadar, Patna .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ritesh Kumar, Adv. For the Respondent/s : Mr. Alok Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 10-05-2016 Heard the parties.
The petitioners, 60 in number, have filed the present writ petition for the reliefs enumerated in paragraph 1 of the writ petition, which are as follows:- "That this application is being filed for issue of an appropriate writ granting following relief's to the petitioners:- (a) The respondents be directed/commanded to settle the lands to each of the petitioners the area as indicated against their names in the list (annexure-2) and necessary Purcha/document in that regard be issued in the name of the
petitioners at the earliest.
(b) The respondents be commanded/directed to construct residential accommodation under Indira Awas Yojna/any other scheme at the cost of the government over the lands in possession of and allotted to the petitioners.
(c) It be held and directed that the petitioners be not disturbed or harassed by any authority either revenue, police or administrative and they be allowed to enjoy peaceful and uninterfered possession over the lands in question.
(d) By an ad-interim order the respondents be directed to allot, construct and ensure all civic amenities to the petitioners in the house to be built up during the pendency of this writ application.
(e) Any other relief or relief's which the petitioners be found entitled to be granted to them."
In view of the nature of grievances/claims raised on behalf of the petitioners in the present writ petition and in view of assertions made by them that for redressal of their valid grievances they approached the authorities concerned including the respondent District Collector, Patna, but despite recommendations made by certain authorities, neither their valid grievances have been redressed nor their representations have been disposed of, this Court is the opinion that instead of keeping the matter pending here, interest of justice shall be sub-served, if the petitioners are granted liberty to file their fresh comprehensive representations individually before the respondent District Collector, Patna raising all their grievances, which have been raised in the present writ petition. It is ordered accordingly.
If such separate fresh representations are filed on behalf of the petitioners 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, as per his direction, shall be obliged to consider and decide the claims raised on behalf of the petitioners by a reasoned and speaking order at an early date preferably within a period of three months from the date of filing of such representations by the petitioners.
If on consideration of the materials, the competent authority comes to a conclusion that the claims raised on behalf of the petitioners are admissible to them, then the consequential orders shall also be issued 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 petitioners in the present writ petition and it 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.
Arvind/- (Birendra Prasad Verma, J) U