Hemant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18512 of 2024 ====================================================== 1.

Hemant Kumar Son of Late Satish Kumar Singh, resident of H/No.- 85H, Anandpur, West Boring Canal Road, P.S. - S.K. Puri, District- Patna. 2.

Ishant Kumar, Son of Late Satish Kumar Singh, resident of H/No.- 85H, Anandpur, West Boring Canal Road, P.S. - S.K. Puri, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar .

2.

The Additional Chief Secretary, Revenue and Land Reform Department, Government of Bihar, Patna.

3.

The District Magistrate, Patna.

4.

The Additional District Magistrate, Patna.

5.

The Circle Officer, Patna Sadar.

6.

The Officer-in-charge, S.K. Puri Police Station, Boring Road, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar For the State :

Mr.Ravi Kumar, A.C. to G.P. 13 Mr. Akshay Lal Prasad, A.C to G.P. 13 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT Date : 10-12-2024 In the instant petition, petitioners have prayed for the following relief:- (i) That the present application is being filed for issuance of appropriate writ/direction to the Respondents not to dispossess petitioners from his land bearing Khata No. 53, Khesra No. 546 area 0.25 decimal situated in Mauja Rajapur without due process of law and without any notice to the petitioners.

2. Learned counsel for the petitioners submits that

Patna High Court CWJC No.18512 of 2024 dt.10-12-2024 2/3 land in question appertaining to Khata No. 53, Khesra No. 946 area 0.25 decimal situated at Mauja Rajapur is in the name of late Minni Devi- mother of the petitioners. Learned counsel submits that the jamabandi was existing in the name of late Minni Devi and no encroachment proceedings can be drawn if jamabandi was existing in the name of late Minni Devi. The action of the concerned authority is without having any basis. He further submits that petitioners may be permitted to represent their grievance before Circle Officer.

3. Learned counsel for the State submits that petitioners have not represented their grievance before any concerned authority. If petitioners represent their grievance before the concerned authority, he shall look into their grievance.

4. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, the present writ petition stands disposed of with liberty to petitioners to raise their grievance before the concerned authority within a period of four weeks from the date of receipt of the order of this Court. If petitioners raise

Patna High Court CWJC No.18512 of 2024 dt.10-12-2024 3/3 their grievance before the concerned authority by filing representation within the stipulated period, the concerned authority shall pass appropriate order on the representation of the petitioner within a reasonable period of time after giving due opportunity of hearing to the party concerned. (Alok Kumar Pandey, J) vashudha/- AFR/NAFR NAFR CAV DATE NA Uploading Date 13.12.2024 Transmission Date NA