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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.63 of 2019 ====================================================== 1.

Binod Kumar Son of Prabhakar Narayan Singh, 2.

Manoj Kumar, Son of Anik Singh, 3.

Dhiraj Kumar, Son of Sri Ram Jatan Prasad Singh, 4.

Satendra Prasad Singh, Son of Ramavtar Singh, All are Resident of VillageSahajpura, P.S.- Nardiganj, District- Nawada. ... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Revenue Department, Government of Bihar, Patna. 3.

The Principal Secretary, Home Department, Government of Bihar, Patna. 4.

The District Magistrate-cum-Collector, Nawada. 5.

Sub-Divisional Officer, Nawada.

6.

The Circle Officer, Nardiganj Block, District- Nawada. 7.

The S.H.O., Nardiganj, P.S. District- Nawada. null null ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Kumar For the Respondent/s :

Mr.Md. Khurshid Alam- Aag12 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 07-01-2020 The petition filed on 02.01.2019 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 direction to State Respondents to remove the Encroachment from the land of Aam Rasta,

Patna High Court CWJC No.63 of 2019(2) dt.07-01-2020 2/3 Gali, Aahar, Pain and Aamgarha bearing Khata No.28, Plot No. 651 and 687, Khata No. 30, Plot No. 652, Khata No.87 Plot No. 810, Khata No.

101 Plot No. 131, 650, 702 and 1057, Khata No. 102 Plot No.83, 295, 323, 471 (415), 528, 813, 1107, 1214(415), 1223, 1240, 1244, 1302, 1326, 1372, 1536 and 1616, arising out of Thana No.26, Mauza- Sahajpura under the district Nawada which have been encroached by many villagers of Sahajpura village have constructed their house/Dalan/Gowshala/stairs etc. over the land of Aam Rasta, Gali, Pain and Aahar as mentioned above.

II. For further to direct the State Respondents to take legal action against the encroacher who have illegally encroached the land of Aam Rasta, Gali, Pain and Aahar as mentioned above."

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

Patna High Court CWJC No.63 of 2019(2) dt.07-01-2020 3/3 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 accordance with law and with reasonable dispatch. The petition stands disposed of in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) K.C.Jha/- U