Ashok Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19778 of 2024 ====================================================== Ashok Kumar Singh, Son of Arjun Singh Resident of Village and P.O. and P.S. Brahmpur, District Buxar.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna. 2.
The Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.
3.
The Principal Secretary, Human Resources Department, Government of Bihar, Patna.
4.
The Deputy Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.
5.
The District Collector, Buxar.
6.
The District Education Officer, Buxar.
7.
The Circle Officer, Brahampur, Buxar.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajat Kumar Tiwary- Advocate Ms. Deepika Sharma- Advocate For the Respondent/s :
Mr. Government Pleader 4 Mr. Ajay Kumar- AC to GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-02-2025
1. Heard learned counsel for the petitioner and learned AC to GP-4 for the State.
2. The learned counsel for the petitioner submits that the instant writ application has been filed seeking a direction upon the respondents for granting permission to the petitioner to organize the cattle fair on his raiyati land on the occasion of Maha Shivratri Puja for which the representation dated 24.09.2024, is pending consideration before the Secretary,
2/4 Revenue and Land Reforms, Government of Bihar, Patna (Annexure-9). Further, to restrain the authorities from organizing the cattle fair in the premises of High School, Buxar in light of letter no.358C dated 01.09.2009 (Annexure-3).
3. The learned counsel for the petitioner submits that petitioner filed a representation before the Hon'ble Minister, Revenue and Land Reforms, Government of Bihar, Patna dated 13.05.2022 (Annexure-5) with a prayer to grant permission to organize the Brahmpur Falguni and Baisakhi Fair on his raiyati land at Buxar. It is submitted that in respond to the said representation, a letter has been issued vide letter no.160 (9) dated 30.06.2022 (Annexure-6) under the signature of the Deputy Secretary of the Government, Revenue and Land Reforms, Government of Bihar, Patna to the District Magistrate, Buxar directing him to look into the matter after reviewing the representation of the petitioner and to send an opinion with regard to organizing the cattle fair on his private land. It is submitted that since no action was taken by the District Magistrate, Buxar on the letter dated 30.06.2022, as such, a reminder was issued vide letter no.1344(9) dated 25.11.2022 (Annexure-7) issued under the signature of the Deputy Secretary, Revenue and Land Reforms, Government of Bihar,
3/4 Patna again requesting the Collector to send his report with regard to organizing the cattle fair on the land of the petitioner. It is submitted that the Collector, Buxar did not pay any heed to Annexure-6 and Annexure-7, as such, the petitioner filed a representation before the Secretary, Revenue and Land Reforms, Government of Bihar, Patna informing him therein that from the last five years, he has been persistently approaching the respondent-authorities to grant him the permission for organizing the cattle fair on his raiyati land and further, he requested the said authority to grant him permission to organize a cattle fair in light of the order of this Court.
4. The learned counsel appearing on behalf of the State seeks two weeks' time for filing counter-affidavit.
5. The Court, for the present, is not inclined to grant time to the State for filing counter-affidavit for the reason that the petitioner is only seeking disposal of her representation, on which the learned counsel appearing on behalf of the State submits that the writ application can be disposed of with a direction to the Collector, Buxar to take a decision in view of the letter dated 30.06.2022 and 25.11.2022 issued by the Deputy Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna whereby the Collector has been asked to furnish
4/4 his report with regard to the grievance raised by the petitioner .
6. After hearing the learned counsel for the parties, the writ application is disposed of with a direction to the District Magistrate, Buxar to dispose of the representation dated 13.05.2022 (Annexure-5) of the petitioner submitted before the Hon'ble Minister, Revenue and Land Reforms, Government of Bihar in view of letter no.160(9) dated 30.06.2022 (Annexure-6) and letter no.1344(9) dated 25.11.2022 (Annexure-7) issued by the Deputy Secretary, Revenue and Land Reforms, Government of Bihar within a period of one week from the date of receipt/production of a copy of this order.
(Satyavrat Verma, J) vikash/- U