Dharmendra Paswan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15884 of 2015 ====================================================== Dharmendra Paswan, Son of Bhuneshwar Paswan, Resident of VillageKanchanpur, Tola Lela Bigha, Post Checharhi, P.S.- Obra, District Aurangabad.

.... .... Petitioner/s

Versus

1. The State of Bihar ,through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar,Patna.

2. The District Magistrate, Aurangabad.

3. The Additional District magistrate, Aurangabad.

4. The Deputy Collector Land Reforms ,Aurangabad.

5. The D.S.P. Daudnagar.

6. The District Welfare Officer, Aurangabad.

7. The Sub-Divisional Officer, Aurangabad.

8. The Circle Officer, Obra,District Aurangabad. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mrs. Alka Verma Kumari Ranjana Bharti For the Respondent/s : S.Paswan, GP-29 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 15-10-2015 Heard learned counsel for the petitioner and the learned State counsel appearing on behalf of the respondents. In view of the nature of grievances raised on behalf of the petitioner, enumerated in para 1 of the present writ petition, this Court is of the opinion that, instead of deciding the issues in the present proceeding after getting a counter affidavit from the respondents, interest of justice shall be sub-served, if the petitioner is granted liberty to file a comprehensive representation with all supporting documents before the respondent District Magistrate, Aurangabad, raising all the pleas, which have been raised in the present writ petition. It is ordered accordingly. If such a comprehensive representation is filed by the petitioner within a period of four weeks from today with a

Patna High Court CWJC No.15884 of 2015 (2) dt.15-10-2015 certified copy of the present order, then the respondent District Magistrate, Aurangabad either himself or any other competent authority of the respondent State shall be obliged to consider and decide the claims raised on behalf of the petitioner, after giving an opportunity of hearing to all concerned, strictly in accordance with law, by a reasoned and speaking order at an early date preferably within a period of three months from the date of filing of such comprehensive representation by the petitioner. If on consideration of the materials, the competent authority comes to a conclusion that the claims raised on behalf of the petitioner are admissible to him, then the consequential benefits shall be granted to him 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 in the present writ petition and the same is left to be decided by the competent authority strictly in accordance with law.

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

(Birendra Prasad Verma, J) Arvind/- U