IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.6390 of 2011
RUDRA NARAIN YADAV SON OF LATE BAJE YADAV,
RESIDENT OF VILLAGE-INARWA GOTH, P.O. LISRAHI,
P.S. DEWDHA(JAYNAGAR), DISTRICT MADHUBANI
...PETITIONER
Versus
1. THE STATE OF BIHAR
2. THE DISTRICT MAGISTRATE, MADHUBANI
3. THE DEPUTY COLLECTOR OF LAND REVENUE,
JAYNAGAR, DISTRICT MADHUBANI
4. THE CIRCLE OFFICER, JAYNAGAR, MADHUBANI
5. THE OFFICER-IN-CHARGE, DEODHA POLICE
STATION, P.S. DEODHA(JAYNAGAR) MADHUBANI
6. VISHAMBER PURBEY SON OF LATE GANGAI
PURBEY, RESIDENT OF MOHALLA BHELWA TOLA
P.O. P.S. JAYNAGAR, MADHUBANI
7. RAJGIR YADAV SON OF LATE JUGESHWAR YADAV
OF VILLAGE INARWA GOTH P.S. DEWDHA,
JAYNAGAR
...RESPONDENTS
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02. 11.04.2011 Heard counsel for the parties.
Petitioner claims to be privileged tenant under the
Bihar Privileged Homestead Tenancy Act (hereinafter referred to
as the ‘Act’). Purcha(s) under the aforesaid Act in respect of
three and odd dhurs of land appertaining to khata no.279 (new),
khesra no.1271(new) of village Inarwa Goth, Anchal Jaynagar in
the district of Madhubani was/were settled by Annexure-1.
It is the stand of the petitioner that while
constructing a road under the Mukhya Mantri Gram Sadak
Yojna, part of the land measuring about two kathas are being
encroached upon by respondents 6 and 7 who are the executing
agents of the said road. The petitioner moved the Respondent-
D.C.L.R. Jaynagar raising the aforesaid grievance which was
treated as case no. 03/10-11 wherein by a communication dated
2
20.08.2010 (Annexure-8) report was called for from the
Respondent-Anchal Adhikari, Jaynagar and till further
consideration status quo in respect of the said land was directed
to be maintained. It is the stand of the petitioner that the said
matter is still pending before the said authority inasmuch as the
petitioner had to again file a fresh application (Annexure-9) in
the said proceeding.
Learned counsel for the petitioner submits that he
would be satisfied if respondent no.3 be directed to dispose of
the said proceeding in accordance with law within a reasonable
time.
Learned A.C. to G.P.II, in view of aforesaid stand
taken by the petitioner, does not object.
Having heard the parties and after going through the
materials on record, this application is disposed of by the
following order:
Let the petitioner approach the Respondent-
Deputy Collector, Land Reforms, Jaynagar and file an
application attaching therewith copy of the present order
within three weeks whereafter the said authority shall dispose
of the pending eviction case no. 03/10-11(Rudra Narain
Yadav vs. Vishambhar Purvey & Ors.) in accordance with
law expeditiously preferably within 05 weeks of its
filing.
( Kishore K. Mandal )
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