Sanjay Kumar Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7688 of 2015 ====================================================== Sanjay Kumar Singh. Son of Late Naresh Singh. Resident of Mathurapur, Police Station - Rahui, District - Nalanda.
.... .... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Revenue Land Reforms, Govt. of Bihar, Patna.
2. The Director, Primary Education, Govt. of Bihar, Patna.
3. The District Officer, Nalanda.
4. The District Education Officer, Nalanda.
5. The Block Education Officer, Rahui, Nalanda. .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sumit Kumar Singh Mr. Anil Kumar Singh Mr. S.P. Singh For the Respondent/s : Mr. Mohan Kumar Singh, AC to SC-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 04-03-2016 Heard the parties.
In view of the nature of grievances raised on behalf of the petitioner in the present writ petition with respect to the lands claimed by him, fully detailed in paragraph-4 of the writ petition, this Court is of the considered opinion that instead of keeping the matter pending before this Court awaiting counter affidavit on behalf of the respondents, the interest of justice shall be subserved if the petitioner is granted liberty to approach the respondent District Officer cum Collector, Nalanda for grant of appropriate relief by filing a comprehensive representation with all supporting documents 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
Patna High Court CWJC No.7688 of 2015 (2) dt.04-03-2016 2/2 Officer-cum-District Magistrate cum District Collector, Nalanda shall be obliged to consider and decide the claims of the petitioner, after giving an opportunity of hearing to all concerned including the petitioner, by a reasoned and speaking order, 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 and after hearing the parties, the respondent District Officer-cum-District Magistrate, Nalanda comes to a conclusion that claims raised on behalf of the petitioner are admissible to him, then consequential order shall also be issued for grant of such admissible claims 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 with respect to the lands in question and this is left to be decided by the District Officer-cum-District Magistrate, Nalanda strictly in accordance with law.
The writ petition stands finally disposed of with the observations and directions made above.
(Birendra Prasad Verma, J) BTiwary/- U