Sanjay Kumar, v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.645 of 2021 ====================================================== Sanjay Kumar, son of Sharda Nand Singh resident of village - Oiyara, P.O. - Bir, P.S. - Dhanarua, District- Patna.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.
The Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.
3.
The Divisional Commissioner, Patna Division, Patna. 4.
The District Magistrate-cum-District Collector, Patna. 5.
The Additional Collector, Revenue Section, District- Patna. 6.
The Sub-Divisional Office, Masaudhi, District- Patna. 7.
The Deputy Collector, Land Reforms (D.C.L.R.), Masaurhi, District- Patna. 8.
The Circle Officer, Dhanarua, District- Patna. 9.
Jitendra Prasad Singh son of not known to the petitioner, Ex- Circle Officer, Dhanarua, District- Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Mishra, Advocate For the Respondent/s :
Mr. Sajid Salim Khan, S.C. 25 ====================================================== (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 28-06-2021 Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):- "That the instant writ application by way of Public Interest Litigation (P.I.L.) is being filed on behalf of the petitioner above-named for issuance of direction to hold a high level inquiry from the level of
2/4 any independent Central Agency like C.B.I. or Vigilance regarding the misdeeds, illegal act and large scale defalcation and misappropriation of public money committed by the Private Respondent No. 9, Ex-Circle Officer, Dhanarua, District-Patna, who has committed all sorts of illegal act of omission and commission in his official capacity and has made several illegal entry of Jamabandi Register-II of altogether 10 persons in the year 2019-2020 of Masaurhi Block of Patna District despite having any legal and valid title of the land for which several applications have been made by the petitioner and several villagers before the higher authorities concerned but no action is being taken in this matter till date. And/or any other relief or reliefs for which the petitioner is found entitled to in the facts and circumstances of this case."
After the matter was heard for some time, learned counsel for the petitioner, under instructions, states that petitioner shall be content if a direction is issued to the District Magistrate-cum-District Collector, Patna to consider and decide the representation which the petitioner shall be filing within a period of four weeks from today for redressal of the grievance(s).
Learned counsel for the respondents states that if such a representation is filed by the petitioner, the District Magistrate-cum-District Collector, Patna shall consider and
3/4 dispose it of expeditiously and preferably within a period of three months from the date of its filing along with a copy of this order.
Statement accepted and taken on record.
As such, petition stands disposed of in the following terms:- (a) Petitioner shall approach the District Magistratecum-District Collector, Patna within a period of four weeks from today by filing a representation for redressal of the grievance(s);
(b) The District Magistrate-cum-District Collector, Patna shall consider and dispose it of expeditiously by a reasoned and speaking order preferably within a period of three months from the date of its filing along with a copy of this order;
(c) Needless to add, while considering such representation, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties; (d) Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law;
(e) We are hopeful that as and when petitioner takes
4/4 recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch; (f) Liberty reserved to the petitioner to approach the Court, if the need so rises subsequently on the same and subsequent cause of action;
(g) We have not expressed any opinion on merits. All issues are left open;
(h) The proceedings, during the time of current Pandemic- Covid-19 shall be conducted through digital mode, unless the parties otherwise mutually agree to meet in person i.e. physical mode;
The petition stands disposed of in the aforesaid terms.
Interlocutory Application(s), if any, stands disposed of.
(Sanjay Karol, CJ) ( S. Kumar, J) veena/rajivAFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA