Shri Kishun Bind And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23875 of 2013 ====================================================== 1.

Shri Kishun Bind, Son of Parsuram Bind, Resident of Village Belaon, P.S. Belaon, District Kaimur at Bhabua.

2.

Sanjay Kumar Singh, Son of Shiv Pujan Singh, Resident of Village Belaon, P.S. Belaon, District Kaimur at Bhabua. 3.

Kushum Devi, Wife of Subhash Bind, Resident of Village Belaon, P.S. Belaon, District Kaimur at Bhabua.

.... .... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate -cum- Collector, Kaimur at Bhabhua.

2.

Deputy Development Commissioner -cum- Chief Executive Officer, Zila Parisad Kaimur at Bhabua.

3.

Anchaladhikari, Rampur, Kaimur at Bhabua.

4.

President of Zila Parishad, Kaimur at Bhabua. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Tribhuwan Narayan For the Respondent/s : Mr. Rajendra Kr. Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 21-04-2016 Heard the parties.

The objection of the petitioner is regarding the construction of shops by the Zila Parishad, Bhabua in the district of Kaimur inter alia on a piece of land bearing Khata No.253, Survey Plot No.1328, Chak Plot No.252 having an area of 23 Decimal in Village Belaon.

The grievance of the petitioner is that the construction of shops on the plot would obstruct their ingress and egress from the house. It is the case of the petitioner that they have raised their grievance before the Deputy Development Commissioner

Patna High Court CWJC No.23875 of 2013 (3) dt.21-04-2016 2/2 who happens to be the Chief Executive Officer as back as 8.8.2013, a copy of which is placed at Annexure-3, which has not been disposed of.

Having heard learned counsel for the parties and taking note of the fact that fresh Panchayat Election for year 2016 has been announced and also the fact that the representation filed by the writ petitioner remains pending before the Deputy Development Commissioner, I deem it proper to dispose of the writ petition with a direction to the Deputy Development Commissioner to consider the representation of the petitioner and dispose of the same in accordance with law and after opportunity of hearing to the petitioner preferably within three months from the date of receipt/production of a copy of this order.

(Jyoti Saran, J) deepika/- U