Vijay Ram @ Tribhuvan Kumar Ram v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12700 of 2015 ====================================================== Vijay Ram @ Tribhuvan Kumar Ram son of Late Bhola Ram, resident of Village - Banwaripur, P.S. - Dariapur, District - Chapra. .... .... Petitioner/s

Versus

1. The State of Bihar through the chief Secretary, Old Secretariat, Patna.

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

3. The District Magistrate, Chapra.

4. The Sub - Divisional Officer, Sonepur Sub - Division, Chapra.

5. The Deputy Collector Land Reforms, Sonepur, Chapra.

6. The Circle Officer, Dariapur, Chapra.

7. The Circle Inspector, Dariapur, Chapra.

8. Basant Ram son of Late Jamadar Ram

9. Yogendra Ram son of Late Foujdar Ram,

10. Surendra Ram son of Late Daroga Ram,

11. Shyamdeo Prasad son of Late Shankar Sah,

12. Rajnath Prasad son of Late Shankar Sah,

13. Kamnath Prasad son of Late Shankar Sah,

14. Lalbabu Prasad son of Late Shankar Sah, Respondent Nos. 8 to 14 are residents of village - Banwaripur, P.S.- Dariapur, District - Chapra.

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

For the Petitioner/s : Mr. Gyan Prakash, Advocate For the Respondent Nos. 1 to 7 : Mr. M.K.Upadhyay, AC to GP 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 27-09-2016 Heard the learned counsel appearing on behalf of the petitioner and the learned AC to GP 3, appearing on behalf of the respondent nos. 1 to 7.

The only grievance of the writ petitioner is that he filed Land Settlement Appeal No. 1 of 2012 before the District Collector, Saran at Chapra against the orders passed by the Circle Officer, Sonepur and the D.C.L.R., Sonepur, but the aforesaid land settlement appeal has not been disposed of till date, despite passage of more than four years.

The learned counsel appearing on behalf of the

Patna High Court CWJC No.12700 of 2015 (2) dt.27-09-2016 2/2 petitioner submits that an appropriate direction may be issued to the respondent District Collector, Saran at Chapra to dispose of the aforesaid appeal at an early date.

The learned AC to GP 3, appearing on behalf of official respondents, submits that, if the petitioner appears on the date fixed and co-operates, then the aforesaid appeal shall be disposed of without any unnecessary further delay. In view of the aforesaid submissions and taking into consideration the factual matrices of the case, the petitioner is directed to appear before the District Collector, Saran at Chapra within a period of one month from today with a certified copy of the present order, whereafter the District Collector, Saran at Chapra shall fix a firm date for taking up aforesaid Land Settlement Appeal No. 1 of 2012 filed on behalf of the petitioner, if not already disposed of during the pendency of the present writ petition, and shall proceed to decide the matter within a maximum period of three months from the date of appearance of the petitioner before the District Collector. However, before passing any final order, opportunity of hearing must be given to all concerned including the petitioner as also the private respondent nos. 8 to 14, besides others, if any.

It goes without saying that the appeal preferred by the petitioner shall be disposed of strictly in accordance with law, but by reasoned and speaking order.

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

(Birendra Prasad Verma, J) Tahir/- U