Surendra Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1642 of 2018 ====================================================== Surendra Singh, Son of Late Rampati Singh, Resident of Village- Karma Saduri, Police Station- Narari Kala Khurd, District- Aurangabad- 824112. ... ... Petitioner

Versus

1. The State of Bihar through its Chief Secretary, Patna, Bihar.

2. The Divisional Commissioner, Magadh Division, Gaya.

3. The District Magistrate, Aurangabad.

4. The Land Reform Deputy Collector, Aurangabad.

5. The Circle Officer, Barun, P.S. Barun, District- Aurangabad. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Shantanu Kumar, Adv.

For the Respondent/s :

Mr. Rishi Raj Sinha, SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL JUDGMENT Date : 18-06-2018 Heard Mr. Shantanu Kumar, learned counsel for the petitioner and Mr. Rishi Raj Sinha, learned SC-19 for the respondent-State.

The grievance of the petitioner is that the land, appertaining to Khata No. 27, Plot No. 149, Revenue Thana No. 185, situated in Mauza Karma, Circle Varun, District Aurangabad was settled with the petitioner under the Bihar Privilege Home Tenancy Act, vide Settlement Case No. 01 of 1996-97, but the said land has been encroached upon by brother of the petitioner, Arjun Singh.

Learned counsel for the petitioner confines his prayer to the extent for disposal of the writ application with liberty to the petitioner to file representation before Respondent No.4, the Land

Patna High Court CWJC No.1642 of 2018 dt.18-06-2018 2/2 Reform Deputy Collector, Aurangabad in the light of the letter dated 29.04.2015, issued by Respondent no.4, L.R.D.C., Aurangabad, as contained in Annexure-2, whereby Circle Officer, Barun, Respondent No. 5 has been directed to initiate a dispossession proceeding for restoring the possession of the petitioner over the land in question.

Mr. Rishi Raj Sinha, learned SC-19 submits that Arjun Singh has not been made party respondent.

In view of the confined prayer of learned counsel for the petitioner, the present writ application is disposed of with liberty to the petitioner to submit a representation before Respondent No.4, the L.R.D.C., Aurangabad within a period of four weeks from the date of receipt/production of a copy of this order, when it is expected from Respondent No.4 to dispose of the representation of the petitioner within three months of its submission. (Dinesh Kumar Singh, J) Amrendra/- AFR/NAFR CAV DATE Uploading Date Transmission Date