Patna High CourtCWJC/13423/2013disposed

Ramesh Sharma v. The State Of Bihar And ORS

2016-05-10Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13423 of 2013 =========================================================== Ramesh Sharma Son Of Late Suresh Sharma Resident Of Village - Dumrip, SGhosi District - Jehanabad .... .... Petitioner/s

Versus

1. The State Of Bihar through the Secretary Department of Revenue and Land Reforms Government of Bihar, Patna

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

3. The Commissioner, Patna Division, Patna

4. The Collector, Patna

5. The Circle Officer, Masaurhi, District - Patna .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. SHIVENDRA PRASAD For the Respondent/s : Mr. RAJENDRA KR. JHA =========================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL JUDGMENT Date: 10-05-2016 Heard the counsel for the petitioner and the State. In spite of indulgence granted, no counter affidavit is filed. The maternal grandfather of the petitioner had donated the land vide annexure-1 for construction of girls school building. It is stated that the same has not been utilized till date for the construction of the school building. The government in the department of Revenue and Land Reforms resolved on 13.04.2011 (Annexure-2) to re-convey or surrender such land in favour of the donee or the heirs of the donee in case the purpose is not achieved. It is stated that in spite of the representation made in this behalf (Annexure-3), no decision has been taken by the respondent State which propelled the petitioner to file the writ petition.

In my view, the ends of justice shall be met if the writ petition is

Patna High Court CWJC No.13423 of 2013 dt.10-05-2016 2/2 disposed of by the following order:- Let the petitioner file a fresh representation before the Principal Secretary of the government in the department of Revenue and Land Reforms seeking the aforesaid relief whereafter the said respondent will confer consideration on the application/representation and take appropriate decision and/or pass appropriate order in accordance with law, as quickly as possible, preferably within 02 months from the date of filing of the application. Be it noted that this Court has not expressed any view on the merit of the claim of the petitioner.

(Kishore Kumar Mandal, J) HR/- U