Ram Krit Ram v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11198 of 2015 ====================================================== Ram Krit Ram son of Late Ghamandi Ram, resident of VillageSheorampur, P.S Chand, District Kaimur (Bhabua) .... .... Petitioner/s

Versus

1. The State of Bihar through District Magistrate, Kaimur at (Bhabua)

2. The District Sub-Registrar, Kaimur (Bhabua)

3. Sri Ram Kishore Ram son of Late Dhannu Ram, resident of VillageSheorampur, P.S Chand, District Kaimur (Bhabua)

4. Smt. Babita Devi wife of Sri Gullu Sah, resident of VillageSheorampur, P.S Chand, District Kaimur (Bhabua)

5. Smt. Shusila Devi wife of Lallan Sah, resident of Village- Sheorampur, P.s Chand, District Kaimur (Bhabua) .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Om Prakash Upadhyay, Advocate For the Respondent/s : None ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 20-09-2016 Heard the learned counsel appearing on behalf of the petitioner. However, none appears on behalf of the State authorities, though the name of the learned State counsel is printed in the daily cause list.

2. In view of the nature of the grievances/claims raised on behalf of the petitioner, fully enumerated in paragraph 1 of the writ petition, with respect to lands in question, this Court is of the opinion that instead of keeping the matter pending, the interest of justice shall be subserved if the petitioner is granted liberty to file a fresh comprehensive representation before the District Collector, Kaimur (Bhabua) with all supporting documents and raising all the pleas, which have been raised in the present writ petition. It is ordered accordingly.

3. If such a fresh comprehensive representation is filed on behalf of the petitioner with all supporting documents as also with a certified copy of the present order within a period of

Patna High Court CWJC No.11198 of 2015 (2) dt.20-09-2016 2/2 one month from today, then the respondent District Collector, Kaimur (Bhabua), either himself or any other competent authority of the respondent-State, as per his endorsement, shall be obliged to consider and decide the claims of the petitioner strictly in accordance with law, by a reasoned and speaking order, after giving an opportunity of hearing to him and the respondent nos. 3 to 5, besides others, if any, at an early date preferably within a period of three months from the date of filing of such comprehensive representation by the petitioner, in the manner indicated above..

4. It is clarified that this Court has not gone into the merits of the claims raised on behalf of the petitioner with respect to the lands in question particularly in the background that the State counsel is not appearing on behalf of the State of Bihar, and the matter is left to be decided by the competent authority in accordance with law.

5. The writ petition stands finally disposed of with the observations and directions made above.

(Birendra Prasad Verma, J) Tahir/- U