Mahendra Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17459 of 2014 ====================================================== Mahendra Kumar Singh, son of Sri Ram Sharan Singh, resident of villageKurkuri, P.S.- Phulwarisharif, District- Patna .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Land and Revenue Department, Govt. of Bihar, Patna

2. District Magistrate, Patna

3. District Land Acquisition Officer, Patna

4. Registrar District Registry Office, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Deepak Kumar Sinha For the Respondent/s : Mr. Krishna Chandra, AC to AG ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 11-04-2016 Heard the parties.

In view of the nature of the grievances raised on behalf of the petitioner, fully detailed in paragraph 1 of the present writ petition, this Court is of the opinion that, instead of keeping the matter pending before this Court and directing the respondents to file their counter affidavits in the present matter, the interest of justice shall be sub-served, if the petitioner is granted liberty to file a fresh comprehensive representation with all supporting documents/orders before the District Collector, Patna raising all the pleas, which have been raised in the present writ petition. It is ordered accordingly.

If such a comprehensive fresh representation is filed on behalf of the petitioner 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, as per his direction, shall be obliged to

Patna High Court CWJC No.17459 of 2014 (2) dt.11-04-2016 consider and decide the claims of the petitioner strictly in accordance with law by a reasoned and speaking order, after giving an opportunity of hearing to all concerned, at an early date preferably within a period of three months from the date of filing of such representation.

If on consideration of the materials, the competent authority comes to a conclusion that the claims raised on behalf of the petitioner are admissible to him, then the consequential order(s) shall also be issued for grant of such admissible claims. It is clarified that this Court has not gone into the merits of the claims raised on behalf of the petitioner 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.

(Birendra Prasad Verma, J) Arvind/- U