Sunil Kumar Singh vs The State Of Bihar & Ors.

“3.

Accordingly, the Respondent No. 2 is directed to consider the petitioner’s representation and dispose of the same in accordance with law, after providing an opportunity of hearing to all the stakeholders, including the private respondents, preferably within a period of six weeks from the date of receipt or production of a copy of this order.”

“6.

That considering the nature of the dispute and the rival claims of the parties, an Inquiry Committee comprising the Sub-Divisional Officer, Hajipur, the Deputy Collector Land Reforms, Hajipur and the Circle Officer, Raghopur was constituted for undertaking necessary inquiry into the matter.

7.

That, earlier, a report of the Sub-Divisional Officer, Hajipur was called for and the matter was examined on the basis of the said report. However, considering the seriousness and sensitivity of the matter, and in order to ascertain and satisfy the authorities as to the correctness of the report submitted by the Sub-Divisional Officer, the matter was again caused to be enquired into by senior officers, including the Additional District Magistrate. Upon such further inquiry also, it was found that an alternative/existing way for ingress and egress was available to the petitioner, and thus the finding regarding availability of an alternative route stood duly corroborated.

8.

That thereafter, the matter was duly examined at the appropriate level and the relevant records, materials and the report of the Inquiry Committee were considered by the competent authority. The petitioner and the concerned private respondent were also heard in the course of the proceedings.

9.

That upon completion of the aforesaid exercise, the District Magistrate, Vaishali has now passed a final order in the matter, whereby the representation of the petitioner has been considered and disposed of after examination of the relevant materials and the report submitted in the proceedings. The said order has been passed in the appropriate proceeding arising out of the representation submitted pursuant to the order of this Hon’ble Court. The final order records, inter alia, that the petitioner has an existing means of access through his own land and the land of his family members.”