High CourtsDivision Bench

Tribhuwan Singh vs State Of Bihar

Patna High Court · Decided on 22 June 2021 · Citation: (2021) 06 PAT CK 0113

HON’BLE JUDGES
Sanjay Karol, CJ · S. Kumar, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Jurisdiction Case No. 390 Of 2021
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Judgment

29 paragraphs · 456 words

Heard the parties.

Petitioner has prayed for following relief(s):-

“That this is an application by way of P.I.L. for issuance of an appropriate writ, order or direction, for removal the encroachment from the

government land situated in the village: Urvishunpur, under Anchal-Tekari, P.S. Alipur, District, Gaya by the encroachers like the respondent no.6 Anil

Singh and others, who are by forcefully encroaching the path way of public in general as well as the land of school filed, graveyard, etc. and disposed

of the joint representation of the petitioner which was filed before the concerned respondent authorities.

Further, any other order or orders as Your Lordships may deem fit and proper.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 authorityconcerned 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.