Dismissed

Lalan Pandey v. The State Of Bihar and Ors.

Patna HC7 Dec 2020CWJC/20935/2018

Case brief

AI extract

What is this about?

Petitioner filed a writ petition seeking a direction to the State of Bihar regarding construction over an irrigation canal. The court noted the concern but directed the petitioner to approach the District Magistrate via representation and reserved liberty to approach the court again if necessary, subsequently disposing of the petition without detailed findings.

What did the court decide?

Petitioner directed to approach District Magistrate; liberty reserved to approach court subsequently; writ petition disposed of.

Lalan Pandey Vs The State Of Bihar and Ors. — Patna HC (2020) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20935 of 2018

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======================================================

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Lalan Pandey S/o Ambika Pandey R/o Village- Jamauli, P.S.- Rajpur, District-

Buxar, Bihar

... ... Petitioner/s

Versus

The State Of Bihar

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The District Magistrate, Buxar 3. The S.D.O. Buxar

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The Circle Officer, Rajpur, Buxar

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The Officer-In-Charge, Rajpur, Buxar

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Sunaina Devi W/o Sanjay Ram R/o Village and P.O.- Jamauli, P.S.- Rajpur,

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District- Buxar

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Ashok Kumar Pathak, Adv For the Respondent/s : None. ======================================================

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(The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.)

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CORAM: HONOURABLE THE CHIEF JUSTICE

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and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR)

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Date : 07-12-2020

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Petitioner has prayed for the following relief(s):-

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"(i)That, this application is being filed by way of Public Interest Litigation to command/direct respondents concerned to make prayer from any Construction over the Canal which was/is used for the purpose at Irrigation etc. in

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Patna High Court CWJC No.20935 of 2018 dt.07-12-2020 2/3

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terms of notification/ policy of the State of Bihar as contained in Letter no. 655(6) dated 16.6.16 (Annexure-5). (ii) Issued by the Principal Secretary, Deptt. Of land Revenue, Bihar whereby and whereunder the state has taken a policy to free the water bodies from encroachment, but the instant matter the respondents bent upon overlooking he construction of Road over the canal in the locality of village Jamauli, Rajpur, Buxar used by villagers for irrigation and restore the canal."

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After the matter was heard for sometime, learned counsel for the petitioner submits that petitioner shall be content if a direction is issued to the respondent no. 2 District Magistrate, Buxar, to consider and decide the representation with respect to grievances raised in such representation.

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Learned counsel for the respondent states that if such representation is filed before the respondent no. 2 District Magistrate, Buxar, same shall be considered and decided within a period of two months from the date of receipt of such representation in accordance with law.

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Equally liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.

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Liberty reserved to petitioner to approach the court, if the need so arises subsequently on the same and subsequent

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Patna High Court CWJC No.20935 of 2018 dt.07-12-2020 3/3

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cause of action.

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The writ petition is accordingly, disposed of.

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(Sanjay Karol, CJ)

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( S. Kumar, J)

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ranjan/-

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AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA

Lalan Pandey v. The State Of Bihar and Ors.

Case brief

What is this about?

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Lalan Pandey v. The State Of Bihar and Ors.

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