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Patna High CourtCWJC/25813/2019disposed

Jay Prakash Narayan Pandey v. The State Of Bihar

2020-01-06The Chief Justice -,Mr. Justice Dr. Anil Kumar Upadhyay3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25813 of 2019 ====================================================== Jay Prakash Narayan Pandey, Son of Late Vishishth Pandey Resident of Village Taraw, P.S.- Nasriganj, District Rohtas. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna.

2.

The District Magistrate Cum Collector Rohtas at Sasaram. 3.

The Circle Officer Rajpur Block Cum Circle Rajpur, Rohtas. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Harsh Anuj For the Respondent/s :

Mr.Rishi Raj Sinha (Sc19) ====================================================== 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 21.12.2019 is listed for hearing for the first time today before the Court.

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

Petitioner has prayed for the following relief: "For issuance of an appropriate writ(s), order(s) or direction(s) to the respondents to remove the encroachment upon the public land i.e., from plot no. 1621, 1622, 1626,

Patna High Court CWJC No.25813 of 2019(2) dt.06-01-2020 2/3 1655 situated in Mauza Rajwaha that due to encroachment on the said public land outlet of water from about 300 acres of land is closed resulting in water logging which forced the poor farmers to remain at the verge of starvation and at the mercy of God, since their agriculture work has been stopped."

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, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch.

Patna High Court CWJC No.25813 of 2019(2) dt.06-01-2020 3/3 The petition stands disposed of in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) sujit/- U