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Patna High CourtCWJC/20007/2018disposed

Jay Prakash Narayan Bharti v. The State Of Bihar And ORS

2020-01-06The Chief Justice -,Mr. Justice Dr. Anil Kumar Upadhyay3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20007 of 2018 ====================================================== Jay Prakash Narayan Bharti, Son of Sury Narayan Panjiyar, Resident of Village - Goth Khutauna, Ward No.3, Police Station- Khutauna, Distt. Madhubani.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Rural Development Department, Government of Bihar, Patna.

2.

The District Magistrate, Madhubani 3.

The Sub-Divisional Public Grievance Redressal Officer, Phulparas, Distt. Madhubani.

4.

The Deputy Collector Land Reforms, Phulparas, Distt. Madhubani. 5.

The Circle Officer (Anchal Adhikari), Khutauna, P.S.- Khutauna, Distt. Madhubani.

6.

Manoj Mukhiya, Son of Late Bhaglu Muykhiya 7.

Most. Dhubiya Devi, Widow of Late Surya Mukhiya 8.

Chaitu Mukhiya Son of Nathuni Mukhiya Nos. 6 to 8 are residents of village - Goth Khutauna, Tole - Shankarpur, Ward No. 1, Police Station- Khutauna, Distt. Madhubani ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Prasad, Advocate For the Respondent/s :

Mr.Vinay Kirti Singh- GA 2 ====================================================== 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 05.10.2018 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: "(A) A mandamus commanding the respondents to

Patna High Court CWJC No.20007 of 2018(2) dt.06-01-2020 2/3 remove the encroachment of Public Road, which links from Khutauna Railway Station to Block Office, Khutauna over Khata No.501, Khesra No.1912 (old) 4005 (New) area 0.92 decimal situate in Village/Mouza Goth Khutauna, ToleShankarpur, Anchal-Khutauna, P.S. Khutauna in the District of Madhubani.

(B) Any other relief or reliefs for which petitioner may be found entitled to in the facts and circumstances of the present case may be granted to him."

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,

Patna High Court CWJC No.20007 of 2018(2) dt.06-01-2020 3/3 before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch. The petition stands disposed of in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) Sunil/- U