Rajeev Lochan Kumar vs State Of Bihar And Ors

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

“1.(I) For issuance of an appropriate writ in the nature of CERTIORARI for quashing the letter no. 1052 dated 14.06.2019 issued by the

Respondent no.7 addressed the Respondent no.5 whereby and where under the Respondent no. 7 recommended for construction of Panchayat Sarkar

over the land bearing Khata No. 798, Khesra No. 2623, measuring an area 6.18 Acres situated under the Gram Panchayat area of Manika Bishunpur

Chand of Mushahari Block of Muzaffarpur District on the ground that the said recommendation has been made by the Respondent no.7 contrary to

the circular of the State Government as well as direction of this Hon’ble Curt since the said land is a Pokhar in the name of “Muraman

Pokharâ€​ and the same is being used by the farmers for irrigating their land as well as bathing of their animals.

(II) For issuance of an appropriate writ in the nature of MANDAMUS commanding and directing the Respondent nos. 1 to 4 to take suitable action

against the Respondent nos. 5 to 9 for doing wrongful act as also to restrain the Respondents for construction of Panchayat Sarkar Bhanwan over the

land in question on the ground that the said land is a pond and taking into consideration of the lower down the water level, this Hon’ble Court as

well as the State Government issued direction that nature of the water sources could not be changed.

(III) For issuance of any other appropriate writ/writs, order/orders, direction/directions for which the writ petitioner shall be found entitled under the

facts and circumstances of the case.â€​

Learned counsel for the State opposes the petition stating that the petition is misconceived; raises disputed question of fact; is not in public interest;

and that the issue can be best resolved at the Government level by the appropriate authorities.

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

respondent no. 3, namely, the Divisional Commissioner, Tirhut Division, Muzaffarpur, to consider and decide the representation which the petitioners

shall be filing 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.

Equally, liberty is reserved to the petitioners 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.

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

parties.

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

We have not expressed any opinion on merits. All issues are left open.

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, also stands disposed of.