Sanjay Paswan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21442 of 2018 ====================================================== Sanjay Paswan, Son of Jagdish Paswan, Resident of Mohalla - Paharpur, P.S.- Laheri, District- Nalanda.

... ... Petitioner

Versus

1.

The State Of Bihar 2.

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

3.

The Divisional Commissioner, Patna Commissionary, Patna. 4.

The District Magistrate, Nalanda.

5.

The Superintendent of Police, Nalanda.

6.

The Sub-Divisional Officer, Biharsharif, District- Nalanda. 7.

The Circle Officer, Biharsharif, Nalanda.

8.

The Officer-in-Charge, Laheri Police Station, District- Nalanda. 9.

Ranjay Kumar Verma @ Ranju, 10.

Sanjay Kumar, 11.

Raj Kumar Prasad.

Respondents no. 9 to 11 are sons of Devki Nandan Prasad, Resident of Mohalla- Paharpura, P.S.- Laheri, District- Nalanda. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Arun Kumar, Adv.

For the Respondents :

Mr. Md. Khurshid Alam, AAG-12 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 06-01-2020 The petition filed on 01.11.2018 is listed for hearing for the first time today before the Court.

Heard learned counsel for the petitioner and learned counsel for the respondents.

Petitioner has prayed for the following relief:

Patna High Court CWJC No.21442 of 2018(2) dt.06-01-2020 2/3 "For issuance of direction commanding the respondents to remove the encroachment made by respondents no. 9 to 11 on the Govt. land appertaining to Mauza Kamarpur Paharpur thana no. 97, Khata no. 497, Kheshra No. 1160, Khata No. 179, Kheshra No. 1161, 1165, 1166, Khata No. 672, Kheshra No. 1481, Khata No. 741, Kheshra No. 1142, which lands were used by the public for other purposes including Asmasan Ghat being situated beside the river."

After the matter was heard for some time, learned counsel for the petitioner submits that petitioner shall be content if a direction is issued to the concerned respondents to consider and decide the representation, which the petitioner shall be making afresh within a period of four weeks from today. Learned counsel for the State states that upon receipt of such request, if any, the same shall be dealt with in accordance with law, expeditiously and positively within a period of three months from the date of receipt thereof. Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.

We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in

Patna High Court CWJC No.21442 of 2018(2) dt.06-01-2020 3/3 accordance with law and with reasonable dispatch. The petition stands disposed of in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) Rajeev Kumar/- U