Uday Shankar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19007 of 2024 ====================================================== Uday Shankar Mishra Son of Late Bal Krishna Mishra, Resident of Village and P.O. Bhadaria, Police Station- Amarpur, District- Banka. ... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary, Govt. of Bihar, Patna. 2.

Engineer-in-Chief-cum-Additional Commissioner-cum-Special Secretary, Building Construction Department, Govt. of Bihar, Patna. 3.

The Principal Secretary, Panchayati Raj Department, Bihar, Patna. 4.

The District Magistrate, Banka.

5.

The Executive Engineer, Building Construction Department, Building Division, Banka.

6.

The Circle Officer, Amarpur, District- Banka. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dr. Manoj Kumar, Advocate.

For the Respondent/s :

Mr. Addl. Advocate General (12) ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-12-2024

1. Heard learned counsel for the petitioner and learned AC to AAG-12.

2. The learned counsel for the petitioner submits that the petitioner is aggrieved by letter, contained in Memo No.1401 (Bh) Patna dated 12.02.2024, issued by the Engineerin-Chief-cum-Additional Commissioner-cum-Special Secretary, Building Construction Department, Bihar, Patna, whereby, it has been directed to make available the land, attached with the said letter, for construction of Panchayat Sarkar Building, in which, the raiyati land of the petitioner is also shown at Serial No.126.

Patna High Court CWJC No.19007 of 2024(3) dt.19-12-2024 2/3 It is next submitted that land of the petitioner, pertaining to new Consolidation Survey Khata No.279, Khesra No.135, Area 132 decimal out of which, 50 decimal is being acquired, has been included in the letter without the consent of the petitioner. It is further submitted that a supplementary affidavit has been filed, wherein it has been pleaded that petitioner has submitted a representation before the Collector, Banka on 05.12.2024 for seeking redressal of his grievance, as raised in the instant writ application. It is also submitted that from perusal of AnnexureP/3 of the supplementary affidavit, it would manifest that the representation was received in the office of the Collector, Banka on 05.12.2024.

3. The learned counsel appearing on behalf of the State submits that the writ application can be disposed of with a direction to the Collector, Banka to dispose of the representation of the petitioner dated 05.12.2024, in accordance with law, within a time frame.

4. The learned counsel for the petitioner also submits that petitioner would be satisfied in the event if his representation is disposed of by the Collector, Banka within a time frame.

5. After hearing the learned counsel for the parties, the

Patna High Court CWJC No.19007 of 2024(3) dt.19-12-2024 3/3 writ application is disposed of with a direction to the Collector, Banka to dispose of the representation of the petitioner dated 05.12.2024 within a period of one month from the date of receipt/production of a copy of this order, in accordance with law.

6. It is made clear that the Court has not gone into the merit of the case.

7. The Court expects that no adverse action would be taken against the petitioner until his representation is disposed of.

(Satyavrat Verma, J) amit/- U