Ashok Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10467 of 2023 ====================================================== Ashok Pandey Son of Late Surajdev Pandey, Resident of Village and P.O. - Simri Dhamni, P.S. - Mali, District - Aurangabad (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Old Secretariat, Bailey Road Patna - 800015.

2.

The District Magistrate, Aurangabad.

3.

The Circle Officer, Nabinagar, Aurangabad.

4.

The Executive Engineer, Rural Engineering Organization Department, Aurangabad.

5.

The Sub Divisional Officer-Cum-Assistant Engineer Rural Engineering Organization, Aurangabad.

6.

The Junior Engineer, Rural Engineering Organization Department, Aurangabad.

7.

M/S Amit Construction through its Proprietor Amit Kumar Resident of Jai Prakash Nagar, Karma Road, P.O., P.S. and District - Aurangabad (Bihar). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Uma Kant Mishra For the Respondent/s :

AC to SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-04-2025

1. Heard learned counsel for the petitioner and learned AC to SC-25.

2. The learned counsel for the petitioner, at the outset, submits that petitioner would be satisfied in the event if the writ application is disposed of with a direction to the Collector, Aurangabad to dispose of his representation dated 18.05.2023 within a time frame. It is submitted that since representation of the petitioner was not decided by the Collector, Aurangabad, as

Patna High Court CWJC No.10467 of 2023(2) dt.24-04-2025 2/3 such, petitioner had to move before this Court by filing the instant writ application seeking redressal of his grievance that the road constructed on the raiyati land of the petitioner be removed or the petitioner be paid compensation after acquiring his land pertaining to Khata No. 18, Plot No. 40, area 1.32 acres at Mauza-Naksour under Ankorha Gram Panchayat, Thana No. 150, Block-Nabinagar, District-Aurangabad.

3. The learned counsel appearing on behalf of the State does not object to the said submission made by the learned counsel appearing on behalf of the petitioner, but then submits that the representation was filed by the petitioner in the year 2023 and it may be a possibility that the representation may not be located in the office of the Collector, as on the representation there is no receiving of the office of the Collector, Aurangabad, as such it is submitted that petitioner be directed to file a fresh representation, on which the learned counsel appearing on behalf of the petitioner submits that from perusal of Annexure4/B to the writ application, it would manifest that the representation dated 18.05.2023 was submitted in the office of the Collector and receiving was given but then the learned State counsel submits that from perusal of the receiving, it would manifest that it is only a signature without seal of Collector's

Patna High Court CWJC No.10467 of 2023(2) dt.24-04-2025 3/3 office.

4. The learned counsel appearing on behalf of the petitioner submits that petitioner will file a fresh representation on or before 08.05.2025 for redressal of his grievance as raised in the instant writ application.

5. After hearing the learned counsel for the parties, the writ application is disposed of with a liberty to the petitioner to file a fresh representation before the Collector, Aurangabad on or before 08.05.2025 annexing all the relevant documents relating to the land, in the event if any representation is filed by the petitioner on or before 08.05.2025 in that event the Collector, Aurangabad shall consider and dispose of the same within a period of three months thereafter after giving an opportunity of hearing to the petitioner in accordance with law. (Satyavrat Verma, J) Rishabh/- U