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Patna High CourtCWJC/11623/2023disposed

Shaileshwer Sharma v. The State Of Bihar

2024-04-01Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11623 of 2023 ====================================================== Shaileshwer Sharma S/o Shivji Sharma, R/o Village and Post-Bela, P.S.- Dariyapur, District-Saran (Bihar) 841221.

... ... Petitioner/s

Versus

1.

The State of Bihar through its Additional Secretary, Land Reforms and Revenue, Government of Bihar, Patna.

2.

The District Magistrate, Saran.

3.

The Circle Officer, Dariyapur, Saran.

4.

Sahadur Manjhi, son of Late Manki Manjhi, R/o Village and Post-Bela, P.S.- Dariyapur, District-Saran (Bihar) 841221.

5.

Dahaur Manjhi, son of Late Manki Manjhi, R/o Village and Post-Bela, P.S.- Dariyapur, District-Saran (Bihar) 841221.

6.

Chatu Manjhi, son of Late Manki Manjhi, R/o Village and Post-Bela, P.S.- Dariyapur, District-Saran (Bihar) 841221.

7.

Ekadashi Manjhi, son of Late Manji Manjhi, R/o Village and Post-Bela, P.S.- Dariyapur, District-Saran (Bihar) 841221.

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

For the Petitioner/s :

Mr. Alok Chandra, Advocate Mr. Basant Kr. Singh, Advocate For the Respondent/s :

Mr.Rishi Raj Sinha (Sc -19) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 01-04-2024 Heard Mr. Basant Kr. Singh, learned counsel for the petitioner and the State.

2. The petitioner has prayed for the following reliefs:

(i) for setting aside the purported Basgit Parcha issued by the respondent no.3 in Basgit Parcha Case No. 06/2004-2005 dated 15.01.2004 whereby the khatiyani

Patna High Court CWJC No.11623 of 2023(2) dt.01-04-2024 2/3 land of the petitioner given without any notice;

(ii) further set aside the order dated 03.06.203/10.06.2023 passed by the respondent no.3 without considering the material produce by the petitioner in a mechanical manner;

(iii) further a direction may be given to the respondent 1st set to consider the application/representation dated 19.6.2023 of the petitioner in accordance with law;

(iv) further restrain the private respondent 2nd set to make any kind of interference upon the khatiyani land of the petitioner;

(v) for any other relief/reliefs for which the petitioner is entitled in facts and circumstances of the case.

3. Learned State Counsel has pointed out that his petition before the Circle Officer, Dariyapur, Saran is still pending. In that view of the matter, direction can be issued to him to dispose of the same, if it still has not been done.

4. It is unfortunate that even for the disposal of the

Patna High Court CWJC No.11623 of 2023(2) dt.01-04-2024 3/3 representation, a citizen has to invoke the writ jurisdiction only because the Circle Officer took the other way. He is directed to dispose of the representation undoubtedly if still not disposed of and in no case beyond three months.

5. The writ petition stands disposed of with aforesaid observation.

(Rajiv Roy, J) Ravi/- U