Pankaj Tiwary v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18047 of 2015 ====================================================== Pankaj Tiwary son of Late Rishideo Tiwari, resident of Village + P.O. - Belaonw, P.S. - Sikroal Lakh, District - Buxar (Bihar). .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Home, Government of Bihar, Patna.

2. The District Magistrate, Buxar.

3. The Superintendent of Police, Buxar.

4. The Sub - Divisonal Magistrate, Dumaraon, Buxar.

5. The Circle Officer, Navanagar, Buxar.

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

For the Petitioner/s : Mr.N.Sharma, Advocate Mr. Kritya Nand Jha, Advocate For the Respondent/s : Mr. Abinash Kumar Sinha, AC to GP 29 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 10-12-2015 Heard the parties.

In view of nature of grievances/claims raised on behalf of the petitioner in the present writ petition, this Court is of the opinion that, in stead of keeping the matter pending awaiting the counter affidavit on behalf of the respondents, the interest of justice shall be subserved if the petitioner is granted liberty to file a comprehensive representation before the respondent District Magistrate, Buxar with all supporting documents raising all the pleas which have been raised in the present writ petition. It is ordered accordingly.

If such a comprehensive representation is filed on behalf of the petitioner within a period of two weeks from today with a certified copy of the present order, the respondent District Magistrate, Buxar shall be obliged to consider and decide the claims of the petitioner by a reasoned and speaking order, after giving opportunity of hearing to all concerned.

Patna High Court CWJC No.18047 of 2015 (2) dt.10-12-2015 2/2 After consideration of the materials and hearing the parties, if the respondent District Magistrate comes to a conclusion that the grievances raised/claims advanced on behalf of the petitioner are admissible to him, then consequential order shall also be issued for grant of such admissible claims without any unnecessary further delay.

This is clarified that this Court has not gone into the merits of the claims raised on behalf of the petitioner with respect to the lands in question and it is left to be decided by the respondent District Magistrate-cum-District Collector, Buxar strictly in accordance with law.

The writ petition stands finally disposed of with the observations and directions made above.

(Birendra Prasad Verma, J) Tahir/- U