Azizul Quraishi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20180 of 2012 ====================================================== Azizul Quraishi S/O Late Abdul Shakoor, R/O Village- Amrakh, P.S.- Maniayari, District- Muzaffarpur .... .... Petitioner/s

Versus

1. The State of Bihar

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

3. The Secretary Department of Revenue and Land Reforms, Government of Bihar, Patna

4. The District Magistrate, Muzaffarpur, District- Muzaffarpur

5. The Deputy Collector Land Reforms, Muzffarpur (West), DistrictMuzaffarpur

6. Additional Director Consolidation, Muzaffarpur, District-Muzaffarpur

7. The Sub-Divisional Officer, Kurhni, District- Muzaffarpur

8. The Block Development Officer Block Kurhni, District- Muzaffarpur

9. The Circle Officer Chauradano Anchal-Kurhni, District- Muzaffarpur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Anis Akhtar For the Respondent/s : Mr. Sanjay Kumar, AC to AAG-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 03-02-2016 Heard the parties.

The grievance of the petitioner is that in view of the earlier order passed by the revenue authority with respect to the lands in question, fully detailed in paragraph-4 of the writ petition, the petitioner filed an application before the respondent D.C.L.R., Muzaffarpur (West) sometime in June, 2012 for redressal of his valid grievances, but till date the matter has not been disposed of and his valid grievances have not been redressed. The learned State counsel appearing on behalf of the respondents, by referring to the averments made in the counteraffidavit filed on behalf of some of the respondents, has contested the matter on merits, but has not disputed the fact that earlier order was passed by the revenue authority in favour of the petitioner

Patna High Court CWJC No.20180 of 2012 (5) dt.03-02-016 2/2 with respect to the lands in question. He has also not been able to dispute the fact that the petition filed on behalf of the petitioner before the D.C.L.R., as contained in Annexure-4, has not been disposed of till date.

In above view of the matter, without going into the merits of the rival claims of the parties with respect to the lands in question, the petitioner is directed to file a fresh comprehensive petition before the respondent D.C.L.R., Muzaffarpur (West) (respondent No. 5) with all supporting documents in support of his claim with respect to the lands in question within a period of one month from today.

If such a fresh petition is filed on behalf of the petitioner with a certified copy of the present order, then the respondent D.C.L.R., Muzaffarpur(West) either himself or any other competent authority of the respondent State shall be obliged to consider and decide the claim of the petitioner with respect to the lands in question by a reasoned and speaking order, after giving an opportunity of personal hearing to the petitioner and others, if any, at an early date preferably within a period of three months from the date of filing of such petition by the petitioner. The parties shall be at liberty to raise all the issues of facts and law, which may be available to them, before the respondent D.C.L.R., with respect to the lands in question. The writ petition stands disposed of with the observations and directions made above.

(Birendra Prasad Verma, J) BTiwary/- U