Balmiki Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16009 of 2018 ====================================================== Balmiki Singh S/o Late Ramswaroop Singh resident of village - Numar, P.S. - Barhat, District Jamui.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary, Co-operative Department, Bihar, Patna. 3.

The District Magistrate Cum District Registrar, Jamui. 4.

The Sub Registrar, Jamui.

5.

The Sub Registrar, Chakai, Jamui.

6.

The Sub Divisional Officer, Jamui.

7.

The Deputy Collector Land Reforms, Jamui.

8.

The Circle Officer, Chakai, Dist - Jamui.

9.

Kamlesh Narayan S/o Ramashray Sharma Resident of Mohalla P.C. Colony, D/87 Kankarbagh P.O. P.S. - Kankarbagh, District - Patna. 10.

Vivek Anand S/o Murari Prasad Sinha resident of Mohalla Hanuman Nagar, P.O. P.S. - Lohiya Nagar - Kankarbagh, District - Patna. 11.

Ranjeet Kumar Barnwal S/o Ram Narayan Baurnwal resident of Batika Subash Chowk Kashter Town Deoghar, P.O. and P.S. - Deoghar Pin Code - 814112.

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

For the Petitioner/s :

Mr.Rajesh Kumar Sinha For the Respondent/s :

Mr.Raj Ballabh Prasad Yadav -Aag11 For respondent no.11 :

Mr. Amarendra Kumar Singh Ms. Alka Singh Mr. Ravindra Narayan Singh ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 06-01-2020 The petition filed on 10.08.2018 is listed for hearing for the first time today before the Court.

Heard learned counsel for the petitioner and learned counsel for the respondents.

2/4 Petitioner has prayed for the following relief: "(i) For a direction to the respondents to save and protect the public property situated at Mauza Silfari, Tola Visunpur, P.S.-Chandra Mandih, Sub-registry (Block) Chakai, District-Jamui Thana No. 39 Tauzi No.326, Khata Nos. 18/19, 18/19 and 31/32, Khesara 508, 502, and 507, Area 2.30, 50 and 1.00 North-Ramotar Kheta Ajain Khesara no. 508, South Jagarnath Mahto Khesara No. 508 Again, East Forest, Nij and Forest, West- Road, Ajain and Khesara no. 508 total area 3 acre 80 decemals nature of land residential which has been purchased by the co-operative namely, Bihar State Rural CoOperative Housing Federation Limited, Patna Reg. No. 2/87, offices at P.C. Colony D/87 Kankarbagh, Patna-20 on consideration of Rs.

500000/- (Five Lakh Only) through it's the then president namely Shri Kamlesh Narayan through registered sale deed no. 2166 dt. 25.06.2008 executed by Shri Bijo Yadav, son of Late Kamal Yadav, Shri Tainak Yadav, son of Late Kartik Yadav, Shri Gulo Yadav, son of Late Mukund Yadav, Shri Damodar Yadav, son of Shri Baleshwar Yadav, all are R/vSilfari, Tola Visanpur, P.S.-Chandramandih, District-Jamui and Shri Parmeshwar Tanti, son of Late Fachi Tanti, R/v- Silfari Tola Basbuttiya, P.S.-Chadramandih, District-Jamui.

3/4 (ii) Further for a direction to the respondent to lodge an F.I.R. naming the persons including authorities and to hand over the case to the vigilance Department as the matter is very serious kind of scandal.

(iii) For any other direction/directions to the respondents in the interest of public property in accordance with law."

After the matter was heard for some time, learned counsel for the petitioner submits that petitioner shall be content if a direction is issued to the concerned respondents to consider and decide the representation, which the petitioner shall be making afresh within a period of four weeks from today. Learned counsel for the State states that upon receipt of such request, if any, the same shall be dealt with in accordance with law, expeditiously and positively within a period of three months from the date of receipt thereof. Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.

We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law,

4/4 before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch. The petition stands disposed of in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) Ravi/- U