High Court Patna High Court - Orders

Bandera Muraul Navyatayat … vs The State Of Bihar &Amp; Ors on 18 March, 2011

Patna High Court – Orders
Bandera Muraul Navyatayat … vs The State Of Bihar &Amp; Ors on 18 March, 2011
                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CWJC No.5129 of 2011
       BANDERA MURAUL NAVYATAYAT SWABLAMBI SAHKARI SAMITI LTD .
                                        Versus
                           THE STATE OF BIHAR & ORS .
                                      -----------

02 18.03.2011 Both sides present.

Learned counsel submits that the petitioner had

approached this Court on numerous occasions for the relief, the

last being in C.W. J.C. no. 6913 of 2009 which was disposed of

by order dated 13.11.2009 (Annexure-3/1) in the following

terms:-

“Having heard counsel for the parties, I
direct the petitioner and private respondent
no. 4 to appear before the Collector,
Muzaffarpur along with a copy of this order
on 30.11.2009, whereafter the Collector,
Muzaffarpur should call for a report from
the Circle Office concerned and after
hearing the parties pass appropriate orders in
accordance with law, the ghats falling within
the jurisdiction of Bandera block be settled
with the petitioner society and the ghats
falling within the jurisdiction of Moraul
bock will be settled with private respondent
no. 4. Learned Collector should ensure
completion of the enquiry in terms of this
order as also settlement of the ghats in
question as early as possible, in any case
within two months from 30.11.2009.”

It is stand of the petitioner that enquiry as directed

under the aforesaid order has not till date been completed and

the ghats in question likely to be settled for coming year(s).

Learned Assistant Counsel to Additional Advocate

General no.2 is present and only prays for adjournment. Learned

Advocate General is also present in Court. The matter was
2

apprised to him.

Let counter affidavit, if any, be filed within 04 weeks.

Post this case after 05 weeks in the same list.

This Court would appreciate if in the meanwhile the

respondent Collector take all appropriate/needful steps in terms

of the order dated 13.11.2009 (Annexure 3/1).

Sym/                            ( Kishore K. Mandal, J.)