Bibi Nuzhat Khatoon And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23573 of 2012 ======================================================

1. Bibi Nuzhat Khatoon W/O Motiur Rahman Resident Of Vill.- Kamtaul, P.S. Kamtaul, District- Darbhanga

2. Motiur Rahman S/O Late Ali Akbar Resident Of Vill.- Kamtaul, P.S. Kamtaul, District- Darbhanga

3. Md. Noorullah S/O Late Md. Razique Hussain Resident Of Bhowara Manihar, Mohalla/ Ward No. 23, P.S. Madhubani, District- Madhubani

4. Md. Samiullah S/O Late Md. Ashique Hussain Resident Of Bhowara Manihar, Mohalla/ Ward No. 23, P.S. Madhubani, District- Madhubani .... .... Petitioner/s

Versus

1. The State Of Bihar

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

3. The Collector, Madhubani, District- Madhubani

4. The Deputy Collector, Land Reforms, District Madhubani

5. The District Land Acquisition Officer, Madhubani

6. The Circle Officer, Rahika Anchal, Madhubani .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shiv Shankar Mr. Gautam Kumar Yadav For the Respondent/s : Mr. Biresh Kumar Sinha, AC to AAG-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 29-10-2015 Heard the parties.

In view of the nature of grievances raised on behalf of the petitioners in the present writ petition, and in view of the tenor of the judgment and order dated 30.01.2015 passed in CWJC No. 995 of 1996 by a Bench of this Court [Coram: Mihir Kumar Jha, J], a photocopy of which has been produced by the learned State counsel, this Court is of the opinion that the interest of justice shall be sub-served if the petitioners are granted liberty to file a fresh comprehensive representation before the respondent District Collector, Madhubani with all supporting documents raising all the pleas, which have been raised in the present writ petition. It is ordered accordingly.

Patna High Court CWJC No.23573 of 2012 (8) dt.29-10-2015 2/2 If such a comprehensive representation is filed on behalf of the petitioners within a period of one month from today with a certified copy of the present order, then the respondent District Collector, Madhubani either himself or any other competent authority of the respondent State shall be obliged to consider and decide the claims of the petitioners, after giving an opportunity of hearing to all concerned including one Vishnu Kant Das, the petitioner of CWJC No. 995 of 1996, by a reasoned and speaking order at an early date preferably within a period of three months from the date of filing of such representation by the petitioners. It is clarified that this Court has not gone into the merits of the claims raised on behalf of the petitioners in the present writ petition 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.

Let photocopy of the judgment and order passed in CWJC No. 996 of 1996, produced by the learned State counsel, be kept on record.

(Birendra Prasad Verma, J) BTiwary/- U