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Patna High CourtCWJC/18471/2024disposed

Akhouri Niranjan Prasad v. The State Of Bihar, Through The District Magistrate-Cum- Collector,

2024-12-10Mr. Justice Alok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18471 of 2024 ====================================================== 1.

Akhouri Niranjan Prasad son of Late Akhouri Alakh Narayan, Resident of Village- Bariya, P.S.- Barachatti, District - Gaya. 2.

Akhouri Sanjay Prasad, son of Late Akhouri Alakh Narayan, Resident of Village- Bariya, P.S.- Barachatti, District - Gaya. 3.

Akhouri Vishwanath Prasad, son of Late Akhouri Alakh Narayan, permanent resident of Village- Bariya, P.S.- Barachatti, P.O.- Gangi, District Gaya at present residing at Post Chand-Choura, Gadawari, Chand Choura Road, P.S.- Civil Lines, District - Gaya.

4.

Akhouri Sachida Nand Prasad, son of Late Akhouri Alakh Narayan, Resident of Village - Bariya, P.S. - Barachatti, P.O.- Gangi, District - Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar, through the District Magistrate-cum- Collector, Gaya. 2.

The District Magistrate-cum- Collector, Gaya. 3.

The Anchal Adhikari, Dobhi, District- Gaya.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shyameshwar Kumar Singh, Advocate For the Respondent/s :

Mr.Madhukar Mishra, AC to SC-16 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT Date : 10-12-2024 Heard the parties.

2. In the instant petition, petitioners have prayed for the following relief(s):- For issuance of an appropriate Writ/ Order or Direction in the nature of a Writ of Mandamus or any other appropriate writ/ order or direction, commanding Respondent No. 3 to issue the

Patna High Court CWJC No.18471 of 2024 dt.10-12-2024 2/3 necessary correction Slip in terms of the order dated 31.01.1989 issued in Encroachment Case No. 762 of 198788 and accept the rent from the petitioner, in accordance with law.

3. Learned counsel for the petitioner submits that Circle Officer, Dobhi, Gaya has passed order that land of the petitioner appertaining to Khata No. 226, Plot Nos. 312, 222, 232, 306, 307, Area - 9.10 decimal (Annexure - P/6 series) has been released from encroachment and the land receipt of 9.10 acres be issued for the land in question but the said order has not been complied till today despite being the petitioners have represented their grievance before Respondent No. 2 - The District Magistrate -cum- Collector, Gaya, and Respondent No. 3 - The Circle Officer, Dobhi, Gaya (Annexure P/6 series).

4. Learned counsel for the State submits that it is matter of record. He, however, submits that if petitioners represent their grievance afresh before the concerned authority, the concerned authority will consider the matter.

5. Considering the facts and circumstances of the case, the instant writ petition stands disposed of with liberty to the petitioners to represent their grievance afresh before Respondent No. 3 - The Circle Officer, Dobhi, Gaya within four weeks from the date of receipt of the this order. If

Patna High Court CWJC No.18471 of 2024 dt.10-12-2024 3/3 petitioners represent their grievance within the stipulated period, the concerned authority shall pass appropriate order within a reasonable period of time after giving due opportunities of hearing to the parties concerned.

(Alok Kumar Pandey, J) alok/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 12.12.2024.

Transmission Date N/A