Ram Nandan Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25282 of 2013 ====================================================== Ram Nandan Singh son of Late Jamuna Singh Alias Jamuna Rai, resident Of Village- Chhatauna, Police Station- Nao Kothi, District- Begusarai (Bihar) .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Collector, Begusarai

3. The Executive Engineer, Rural Works Department, Begusarai at Begusarai (Bihar)

4. The Land Acquisition Officer, Begusarai

5. The Circle Officer, Nao Kothi Block, Police Station- Nao Kothi, DistrictBegusarai ... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Bihari Singh, Advocate For the Respondent/s : Mr. Raj Nandan Prasad, SC 9 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 08-01-2016 Heard the parties.

In view of nature of grievances and claims raised on behalf of the petitioner in the present writ petition with respect to the lands claimed by him, details of which have been given in paragraph 1 of the writ petition itself and in view of the fact that the representation filed on behalf of the petitioner before the District Collector, Begusarai has not been disposed of till date, as is being submitted by the learned counsel appearing on behalf of the petitioner and not controverted by the respondents by filing any counter affidavit, though matter is pending before this Court since 19.12.2013 i.e. more than two years, this Court is of the opinion that no useful purpose shall be served by keeping the present matter pending before this Court awaiting counter affidavit on behalf of the respondents, rather in the considered opinion of the Court the interest of justice shall be subserved if the petitioner is granted liberty to file a fresh comprehensive

Patna High Court CWJC No.25282 of 2013 (2) dt.08-01-2016 2/2 representation with all supporting documents before the respondent District Collector, Begusarai raising all the pleas, which have been raised in the present writ petition. It is ordered accordingly.

If such a comprehensive representation is filed on behalf of the petitioner within a period of one month from today with a certified copy of the present order, then the respondent District Collector, Begusarai either himself or any other competent authority of the respondent State shall be obliged to consider and decide the claims of the petitioner by a reasoned and speaking order, after giving an opportunity of hearing to the petitioner and others, if any, at an early date preferably within a period of three months from the date of filing of such representation by the petitioner.

If on consideration of the materials, the competent authority comes to a conclusion that the claims raised in behalf petitioners are admissible to him, then consequential order shall also be issued for grant of such admissible claims to the petitioner without any unnecessary further delay.

It is clarified that this Court has not gone into the merits of the claims raised on behalf of the petitioner, and it is left to be decided by the competent authority, as indicated above, strictly in accordance with law.

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

(Birendra Prasad Verma, J) Tahir/- U