Anil Kumar And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20199 of 2018 ====================================================== 1.

Anil Kumar, Son of Mahendra Mahto 2.

Yogendra Mahto, Son of Ramsaran Mahto 3.

Khushnandan Mahto, Son of Ram Shewak Mahto 4.

Mira Devi Wife of Lalan Kumar (Ward Member of Ward No. 1). All resident of Village- Ufrauliya, P.S. Riga, District- Sitamarhi (Bihar). ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, District- Sitamarhi (Bihar). 3.

The Senior Superintendent of Police, Sitamarhi (Bihar). 4.

The Land Reform Deputy Collector, Sitamarhi (Bihar). 5.

The Sub-Divisional Officer, Sitamarhi Sadar, District- Sitamarhi (Bihar). 6.

The Circle Officer, Riga, District- Sitamarhi (Bihar). 7.

The S.H.O., Riga Police Station, District- Sitamarhi, (Bihar). 8.

Ramprit Mahto, Son of Ram Bali Mahto, Resident of Village- Ufrauliya, P.S. Riga, District- Sitamarhi (Bihar).

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

For the Petitioner/s :

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

Mr.Prabhat Kumar Verma- AAG 3 ====================================================== 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 08.10.2018 is listed for hearing for the first time today before the Court.

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

Petitioners have prayed for the following relief (s): "For issuance of a writ in the nature of Public

Patna High Court CWJC No.20199 of 2018(2) dt.06-01-2020 2/3 Interest Litigation (PIL) or any other writ or writs, order or orders, direction or directions to the respondents to remove the encroachment made upon land Khata No.994 (Rasta State Government) & Khata No.995 (Nala State Government) situated at Mauza -Panchhaur tola, Ufrauliya, P.S. and AnchalRiga, District-Sitamarhi, which was encroached by the respondent no.8 and other persons."

After the matter was heard for some time, learned counsel for the petitioners submits that petitioners shall be content if a direction is issued to the concerned respondents to consider and decide the representation, which the petitioners 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 petitioners to take recourse to such alternative remedies as are otherwise available in accordance with law.

We are hopeful that as and when petitioners take 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.20199 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) Sunil/- U