Noor Mohammad vs The State Of Bihar &Amp; Ors on 8 December, 2010

                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    CWJC No.4908 of 2003
                  Noor Mohammad, son of Feku Mustafa, resident of village
                  Tetari, P.S.- Balia, District- Begusarai       --- Petitioner.
                                            Versus
                  1. The State of Bihar.
                  2. The Collector, Begusarai.
                  3. The Deputy Development Commissioner, Begusarai.
                  4. The Block Development Officer, Balia, Begusarai.
                  5. The Block Development Officer, Dandari, Begusarai.
                  6. The Sub-Divisional Officer, Balia, Begusarai, Tetari
                      Dandari, Begusarai.
                  7. The Circle Officer, Balia, Begusarai.
                  8. The Circle Officer, Tetari, Dandari, Begusarai.
                                                             --- Respondents.
                                           ****************

6/ 08-12-2010 Heard the parties.

2. The petitioner has approached this Court by

filing the present writ petition with the following prayer:

“That this writ application is directed
against the illegal construction of Public drain and
residential home under the Indira Awas Yojana
over the private land of the petitioner. The
respondents parties are making a drain of 133 feet
into 3 feet, a drain of 120 feet into 3 feet, a drain
70 feet into 3 feet. The respondents parties are
making two residential home also for Bhikhari
Thakur, son of Dhanik Thakur, and Tanik Lal Sah,
son of Moti Sah, both resident of village Tetari,
Police Station Balia, District Begusarai under the
Indira Awas Yojana over the private land of the
petitioner while a Title Suit No. 127 of 2002 is
pending over that disputed land before the Sub-
Judge I, Begusarai.”

3. In view of the controversy raised in the

petition, it would be appropriate that the grievances raised
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by the petitioner herein be looked into by the respondent-

District Collector, Begusarai. The writ petition was filed as

far back as on 19.05.2003, but till date no stay order was

passed by this Court and in that view of the matter, some

construction might have taken place over the plot in

question. However, learned counsel for the petitioner

submits that construction has not been completed and,

therefore, the matter can be adjudicated by the

respondent- District Collector, Begusarai. No counter-

affidavit has been filed on behalf of the respondent-

authorities, denying the assertions made by the petitioner.

In that view of the matter also, it is difficult for this Court

to come to a finding about any factual position.

4. In the circumstances of the case, this writ

petition is disposed of with a liberty to the petitioner to file

a representation before the respondent- District Collector,

Begusarai within a period of one month from today with all

relevant documents in support of his claim over the land in

question. If such a representation is filed along with a copy

of this order, the respondent- District Collector, Begusarai,

would be obliged to decide the issues within a period of

three months thereafter by giving opportunity of hearing to

all concerned.

5. It is made clear that this Court has not gone

into merit of the case as the controversies between the
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parties are required to be adjudicated by the respondent-

District Collector, Begusarai. It is further made clear that if

the petitioner does not file any representation before the

District Collector within the time fixed by this Court along

with a certified copy of this order, then it would be

construed that this writ petition has stood rejected by this

Court. There shall be no order as to costs.

( Birendra Prasad Verma, J.)
BTiwary/