Pawan Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5701 of 2017 ===========================================================

1. Pawan Kumar S/o- Harbansh Singh, R/v- Mathurapur, P.S.- Bidupur, DisttVaishali at present working as Soldier no.- 15204420L L/NK (OPR) 2052 UH Flt/205 Army Avn Sqn (UH) Pin 925205, C/o- 56 APO. .... .... Petitioner/s

Versus

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

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

3. The Under Secretary, Ministry of Home, Government of India, New Delhi.

4. The Under Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

5. The Commissioner-cum- Secretary, Tirhut Division, Muzaffarpur, Bihar.

6. The District Magistrate cum Collectgor, Vaishali at Hajipur.

7. The Additional Collector, Vaishali at Hajipur.

8. The D.C.L.R., Hajipur, Vaishali, Bihar.

9. The S.D.O., Hajipur.

10. The Circle Officer, Hajipur, Bihar.

11. The Circle Officer, Bidupur, Bihar.

12. The Circle Officer, Raghopur, Bihar.

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

For the Petitioner/s : Mr. Vijay Kumar Sinha, Adv. For the Respondent/s : Mr. S.C.Yadav-GP15 =========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 31-05-2018 Heard Mr. Vijay Kumar Sinha, learned counsel for the petitioner and Mr. Rakesh Kumar, A.C. to G.P.15 for the State. In the nature of order this Court proposes to pass, it would not need awaiting a counter affidavit.

The complaint of the petitioner in brief, is that the

Patna High Court CWJC No.5701 of 2017 dt.31-05-2018 2/3 recommendation made by the Commissioner, Tirhut Division, Muzaffarpur bearing No. 3639 dated 11.08.2016 for settlement of land in his favour in the light of the decision present in the letter dated 14/16.8.1972 of the Revenue and Land Reforms Department, copies of which are present at Annexure- 1 and 31 of the writ petition respectively, remains pending for final orders before the Principal Secretary, Revenue and Land Reforms Department. He submits that even when it is the department of Revenue and Land Reforms who has taken a decision for such settlement with those in the Indian Army and even though recommendations of the Commissioner, Tirhut Division is in the favour of the petitioner, yet the matter lingers since last almost 2 years before the Principal Secretary, Revenue and Land Reforms Department.

Having heard learned counsel for the parties and considering the status of the matter, for the present, I deem it proper to direct the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar to consider the grievance of the petitioner and dispose of the same in accordance with law bearing in mind its on Circular dated 14/16.8.1972 at Annexure-1 as well as the recommendation of the Commissioner, Tirhut Division, Muzaffarpur as contained in his letter dated 11.8.2016 at Annexure 31 which

Patna High Court CWJC No.5701 of 2017 dt.31-05-2018 3/3 disposal be done within a period of 3 months from the date of receipt/production of a copy of this order.

The writ petition is allowed with the direction aforementioned. (Jyoti Saran, J) Bibhash AFR/NAFR NAFR CAV DATE NA Uploading Date 18.06.2018 Transmission Date NA