High CourtsDivision Bench

Janhit Sansthan vs State Of Bihar

Patna High Court · Decided on 13 January 2022 · Citation: (2022) 01 PAT CK 0045

HON’BLE JUDGES
Sanjay Karol, CJ · S. Kumar, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Jurisdiction Case No. 19770 Of 2021
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Judgment

34 paragraphs · 552 words

Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

(a) For issuance of an appropriate order/orders/direction/directions/writ in the nature of madamus directing and commanding to the Respondents to

distribute parcha of the surplus land under ceiling Act of Deoremath land situated under Block- Nlodanganj, Okri (0.P) District- Jehanabad to the

landless Schedule Caste/Schedule Tribes of Revenue Village Deora, Thana No. 515 in accordance of Ceiling Act, the criminal have forcibly occupied

136.68 Acres of land of Deoramath with the co-operation of local police and others antisocialalements. (b) And further be pleased to issue an

order/orders/ direction/directions to the Respondents to distribute the surplus of land of Deoramath to landless Schedule Caste/Schedule Tribe who

belongs to Revenue Village Deora, Thana No. 515 in accordance with law after vacating the said land by the criminals. (c) That further be learned to

grant relief/ reliefs as the petitioner is entitled for.

After the matter was heard for some time, learned counsel for the petitioner, under instructions, states that petitioner shall be content if a direction is

issued to the authority concerned, respondent no.4, the District Magistrate, Jehanabad, District - Jehanabad or any of the statutory authority to

consider and decide the representation which the petitioner shall be filing within a period of four weeks from today for redressal of the grievance(s).

Learned counsel for the respondents states that if such a representation is filed by the petitioner, the authority concerned shall consider and dispose it

of expeditiously and preferably within a period of four months from the date of its filing along with a copy of this order.

Statement accepted and taken on record.

As such, petition stands disposed of in the following terms:-

(a) Petitioner shall approach the authority concerned within a period of four weeks from today by filing a representation for redressal of the

grievance(s);

(b) The authority concerned shall consider and dispose it of expeditiously by a reasoned and speaking order preferably within a period of four months

from the date of its filing along with a copy of this order;

(c) Needless to add, while considering such representation, principles of natural justice shall be followed and due opportunity of hearing afforded to the

parties;

(d) Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law;

(e) 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;

(f) Liberty reserved to the petitioner to approach the Court, if the need so arises subsequently on the same and subsequent cause of action;

(g) Liberty also reserved to the petitioner to make a mention for listing of the petition on priority basis. As and when any such mention is made,

Registry shall take steps for listing the petition at the earliest.

(h) We have not expressed any opinion on merits.

All issues are left open;

(i) The proceedings, during the time of current Pandemic- Covid-19 shall be conducted through digital mode, unless the parties otherwise mutually

agree to meet in person i.e. physical mode;

The petition stands disposed of in the aforesaid terms.

Interlocutory Application(s), if any, stands disposed of.