Anil Kumar Srivastava v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6708 of 2015 ====================================================== Anil Kumar Srivastava, Son of Ramchandra Prasad Srivastav, Resident of village- Pakari Ismile, P.S. Muzaffarpur Sadar, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar Patna.

2. The Director, Consolidation, Bihar, Patna.

3. The Joint Director, Consolidation, Tirhut Division, Muzaffarpur.

4. The District- Magistrate, Muzaffarpur, District- Muzaffarpur.

5. The Deputy Director, Consolidation, Muzaffarpur, DistrictMuzaffarpur.

6. The Consolidation Officer, Mushahari, District- Muzaffarpur.

7. The District Education Officer, Muzaffarpur, District- Muzaffarpur.

8. The District Programme Officer, (Establishment), Muzaffarpur, District - Muzaffarpur.

9. The Circle Officer, Mushahari, District- Muzaffarpur.

10. The Headmaster, Up-graded High School, Pakri Ismile, District - Muzaffarpur.

11. The Chief Engineer, Bihar State Educational Infrastructure Development Corporation Ltd. Patna.

12. The Mukhiya Gram Panchayat Raj, Madhubani Block- Mushahari, District- Muzaffarpur.

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

For the Petitioner : Mr. Vijay Kumar Singh, Advocate For the State : Mr. AC to SC-7 For Respondent No. 11 : Mr. Girijesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 03-11-2017 Heard Mr. Vijay Kumar Singh, learned counsel

Patna High Court CWJC No.6708 of 2015 (2) dt.03-11-2017 2/3 for the petitioner, learned AC to SC-7 and Mr. Girijesh Kumar, learned counsel for respondent no. 11.

The present Writ application has been filed for directing the respondent no. 5, Deputy Director, Consolidation, Muzaffarpur for disposal of the appeal filed by the petitioner vide Consolidation Appeal No. 02 of 2012-13 against the order dated 20.09.1976 passed by respondent no. 6, Consolidation Officer, Mushahari in Consolidation Case No. 24 of 1976, whereby Consolidation Officer has been directed to open Jamabandi in the name of Health Department, Government of Bihar after carving out 30 decimals land from northern side of Khata No. 211. Further prayer has been made to restrain respondent nos. 7 to 12 from making further construction over the land in question. Counter affidavit has been filed on behalf of respondent no.

8, District Programme Officer (Establishment), Muzaffarpur directing the Circle Officer, Mushahari to file counter affidavit and getting the appeal disposed of. Considering the nature of the prayer, Deputy Director, Consolidation, Muzaffapur is expected to dispose of the appeal within a period of three months after giving notice to all affected persons. So far as prayer for restraining respondent nos.

Patna High Court CWJC No.6708 of 2015 (2) dt.03-11-2017 3/3 is concerned, the petitioner is at liberty to make such prayer before the appellate authority.

Accordingly, this Writ application is disposed of.

(Dinesh Kumar Singh, J) DKS/- U