Jay Mangal Ray vs State Of Bihar

Heard the Parties.

Petitioner has prayed for following relief(s):-

“This writ application is being filed in form of Public Interest Litigation for issuance of writ in the nature mandamus or any appropriate writ(s),

order(s), direction(s) to the respondents to remove the encroachment over public road and flank situated in Village - Basmanpur from Dumariya

Chowk to South Kasba tol appertaining to Khata No. 423, Kheshra No. 2981, Thana No. 204, Tauzi No. 951 in Village - Basmanpur Police Station,Â

Motihari, District - East Champaran (Motihari), which has been encroached by private respondent nos. 5 to 13, by making house, hut etc.

cause obstruction in free flow of public over the same. And any appropriate writ(s), order(s), direction(s) to the respondents for which

petitioner is entitled under the fact and circumstances of the case.â€​

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 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 three 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 three 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 rises subsequently on the same and subsequent cause of action;

(g) We have not expressed any opinion on merits. All issues are left open;

(h) 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.