Parsuram Tiwary And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20291 of 2014 ======================================================

1. Parsuram Tiwary son of Late Indradeo Tiwary

2. Umakant Tiwary, son of Late Rajeshwar Tiwary

3. Mahendra Tiwary, son of Late Brijnandan Tiwary

4. Ram Kumar Tiwary, son of Late Ganga Tiwary,

5. Ram Prit Paswan son of Late Kumhar Paswan.

6. Abhay Tiwary

7. Hariom Tiwary

8. Ram Niwas Tiwary

9. Hari Shankar Tiwary, All sons of Late Janglee Tiwary

10. Arjun Paswan Son of Late Lalit Paswan,

11. Rupkali Devi, wife of Ram Keshwar Singh All resident of Sarwali, Police Station Karpi, P.O. Karpi, District Arwal .... .... Petitioner/s

Versus

1. The State of Bihar through the Director Panchayati Raj, Patna

2. The Collector, Arwal

3. The Sub Divisional Officer, Arwal

4. The Executive Engineer, Rural Engineering Organization, Arwal

5. The Sub Division Engineer, Rural Engineering Organization, Arwal

6. The Circle Offier, Bansi Anchal, P.S. Karpi, District Arwal

7. Mukhiya, Surajpur Panchayat, Surajpur, P.S. Karpi, District Arwal .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Kumar Chandram For the Respondent nos.1to 6 : Dr. Raj Kumar Singh, AC to SC-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 02-05-2016 Heard the parties.

The grievance of the petitioners in the present writ petition is that, for redressal of their valid grievances regarding the lands in question claimed by them, they filed their representations before the authorities concerned including the respondent District Collector, Arwal, but till date neither their valid grievances have been redressed nor the representations filed by them have been disposed of.

In view of the nature of grievances raised on behalf of the petitioners, this Court is of the opinion that, instead of keeping the matter pending here, the interest of justice shall be

Patna High Court CWJC No.20291 of 2014 (2) dt.02-05-2016 sub-served, if the petitioners are granted liberty to file their fresh comprehensive representations separately with all supporting documents with respect to the lands in question and raising all the pleas, which have been raised in the present writ petition. It is ordered accordingly.

If such separate comprehension representations are filed by each of the petitioners with a certified copy of the present order within a period of one month from today, then the respondent District Collector, Arwal either himself or any other competent authority of the respondent State, as per his direction, shall be obliged to consider and decide the claims of the petitioners by a reasoned and speaking order, after giving an opportunity of hearing to all concerned including the petitioners, at an early date, preferably within a period of three months from the date of filing of such representations.

If on consideration of the materials and after hearing the parties, 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 for grant of such admissible claims to them 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 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