Kusum Devi @ Kusum Kuwar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9903 of 2016 ====================================================== Kusum Devi @ Kusum Kuwar, W/o Late Surendra Singh, R/o village - Lodipur, P.S. Sadar, District - Bhojpur (Arra). .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Principal Secretary, Revenue and Land Reforms Department, Patna.

3. Principal Secretary, Road Construction Department, Patna.

4. The D.M. Bhojpur, Arra.

5. The District Land Acquisition Officer, Bhojpur, Arra.

6. The Managing Director Kendriya Priyojna Kajawayan Ikai Patna (Bihar State and Development Corporation Limited Patna).

7. The Intercon Tenetal Consultancy and Techno Craft Private Limited. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gautam Kumar Yadav, Adv. For the Respondent nos.1to5 : Mr. H.S. Sundaram, AC to SC-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 16-11-2016 Heard the parties.

In view of the nature of grievances/claims raised on behalf of the petitioner, fully enumerated in paragraph 1 of the present writ petition, this Court is of the opinion that, instead of keeping the matter pending and asking the respondents to file their counter affidavits, the interest of justice shall be sub-served, if the petitioner is granted liberty to file a fresh comprehensive representation with all supporting documents before the respondent District Collector, Bhojpur, Ara, 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 one month from today with a certified copy of the present order, then the respondent District Collector, Bhojpur, Ara either himself or any other competent authority of

Patna High Court CWJC No.9903 of 2016 (2) dt.16-11-2016 the respondent State shall be obliged to consider and decide the claims raised on behalf of the petitioner strictly in accordance with law by a reasoned and speaking order, after giving an opportunity of hearing to the petitioner, besides others, if any, at an early date, preferably within a period of three months from the date of filing of such comprehensive representation by the petitioner. 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.

Arvind/- (Birendra Prasad Verma, J) U