Ranjan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12548 of 2023 ====================================================== Ranjan Kumar Singh Son of Govardhan Singh Resident of VillageBishanpur, P.S.- Saurbazar, District- Saharsa. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The District Magistrate, Supaul.

3.

The Cooperative Officer, Supaul.

4.

The Circle Officer, Supaul Block, Supaul.

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

For the Petitioner/s :

Mr. Ajay Kumar Singh, Advocate For the Respondent/s :

Mr. Md. Khurshid Alam, A.A.G.-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 01-04-2024 Heard Mr. Ajay Kumar Singh, learned Counsel for the petitioner and the State.

2. The present petition has been preferred for the following reliefs:- (i) for issuance of direction upon the respondent authorities not to construct PACS Godown over Raiyati land of the petitioner and for further direction upon the respondent authorities to remove the part of the structures made over the raiyati land of the petitioner.

(ii) for issuance of direction upon the respondent authorities to hand over vacant

Patna High Court CWJC No.12548 of 2023(3 ) dt.01-04-2024 2/3 possession of the raiyati land of the petitioner which the respondent authorities have illegally and forcefully taken treating the same as public land, though the revenue documents goes to show that the land in question is raiyati land of the petitioner.

3. It is unfortunate that the representation is filed before the respondents duly received in the office on 15.04.2023 and for four months, no decision is taken forcing the litigant to invoke the writ jurisdiction of this Court.

4. Though a co-ordinate bench had directed the State to file counter affidavit neither the counter affidavit has come nor the State Counsel is represented.

5. In that view of the matter instead of keeping the case pending and/or imposing cost upon the State-respondent, it would be appropriate that the Collector is directed to decide the representation of the petitioner received in his office on 15.04.2023. Additionally the petitioner is free to file a fresh representation along with all the relevant documents within four weeks from today.

6. If such representation is filed and/or the said representation dated 15.04.2023 is pending before the office of the Collector, Supaul, the same shall be decided within a period

Patna High Court CWJC No.12548 of 2023(3 ) dt.01-04-2024 3/3 of six months thereafter.

7. The writ petition stands disposed of.

(Rajiv Roy, J) Neha/- U