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Patna High Court

Ram Ekbal Pandey vs The State Of Bihar on 30 November, 2021

Author: Vikash Jain

Bench: Vikash Jain

              IN THE HIGH COURT OF JUDICATURE AT PATNA
                Civil Writ Jurisdiction Case No.6950 of 2020
     ======================================================
     Ram Ekbal Pandey Son of Late Mani Pandey Resident of Village-
     Bhagwanpur, Police Station- Bhagwanpur, District- Kaimur (Bhabhua).

                                                               ... ... Petitioner
                                     Versus
1.   The State of Bihar through the Secretary Land Reform and Revenue
     Department, Govt of Bihar, Patna.
2.   The Divisional Commissioner, Patna Division, Patna.
3.   The District Magistrate, Kaimur at Bhabhua.
4.   The Sub- Divisional Officer, Bhabhua, Kaimur.
5.   The Circle Officer, Bhagwanpur, Kaimur.
                                                            ... ... Respondents
     ======================================================
     Appearance :
     For the Petitioner   :      Mr. Dhaneshwar Pd. Gupta
                                 Mr. Satyendra Pandey, Advocates
     For the Respondents :       Mr. Raj Kishore Roy, GP-18
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
     ORAL JUDGMENT

Date : 30-11-2021 Heard learned counsel for the petitioner and learned counsel for the respondents. Learned counsel for the petitioner hereby undertakes to remove all defects pointed out by the Stamp Reporter as and when required. It is accordingly directed that all defects pointed out by the Stamp Reporter be removed within one month hereof.

2. The present writ petition has been filed "for a direction to the respondent authorities to pass the final order in Land Settlement Conciliation Case No. 03/2018-19 which is pending before the learned District Magistrate, Kaimur at Bhabhua (respondent no. 3)."

3. Learned counsel for the petitioner submits that the petitioner and others had filed Objection Case No. 42/86 claiming that their land had been included while declaring the land of Bechu Pandey Patna High Court CWJC No.6950 of 2020 dt.30-11-2021 2/2 as surplus. A series of litigation ensued and ultimately Land Settlement Conciliation Case No. 03/2018-19 was instituted. The petitioner has filed a representation dated 07.02.2020 before the District Magistrate, Kaimur , Bhabhua (Annexure-8) for expeditious disposal of the said case but however the same remains pending.

4. Learned counsel for the respondents appears and has been heard.

5. Having regard to the nature of the grievance of the petitioner, the writ petition is disposed of with a direction to the District Magistrate, Kaimur at Bhabhua (respondent no.3) to consider and dispose of the representation of the petitioner, said to have been filed on 07.02.2020, if still pending, on its own merits in accordance with law and after grant of an opportunity of hearing to the petitioner, expeditiously and in any event preferably within a period of three months from the date of receipt/production of a copy of this judgment.

6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) Ibrar//-

AFR/NAFR             NAFR
CAV DATE             N.A.
Uploading Date       02.12.2021
Transmission Date    N.A.