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Sarveshwar Pandey and ors Vs. the State of Bihar and ors

Sarveshwar Pandey and ors vs The State of Bihar and ors

Type Court Judgment Court Patna Decided May 11, 2012
~1 min read
https://sooperkanoon.com/case/975153

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Citation
Court
Patna High Court
Decided On
Subject
Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue
Education

Parties & Advocates

Appellant / Petitioner

Sarveshwar Pandey and ors

Respondent

The State of Bihar and ors

Excerpt

in the high court of judicature at patna miscellaneous jurisdiction case no.3336 of 2011 sarveshwar pandey & ors versus the state of bihar & ors ---------------------------------- 5. 11.01.2012 counsel for the petitioner with reference to the representation filed at annexure-2 submits that all the three petitioners had filed their objection. annexure-c to the show cause, the report of the executive engineer refers only to petitioner no. 1 having filed an objection. even that report is inconclusive and recognizes that certain persons have objected while others have voluntarily given their lands. there is no finding that the lands of the petitioners have been intruded only to the extent permissible of two feet, by the order of the court. the court requires the district magistrate to place before the court the reasons and speaking order that may have finally been passed by him after consideration of the objections in light of the direction contained in the order of the court. at the request of the state, list at the same position on the 8th of february, 2012. p. kumar ( navin sinha, j.)

Full Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.3336 of 2011 Sarveshwar Pandey & Ors Versus The State Of Bihar & Ors ---------------------------------- 5. 11.01.2012 Counsel for the petitioner with reference to the representation filed at Annexure-2 submits that all the three petitioners had filed their objection. Annexure-C to the show cause, the report of the Executive Engineer refers only to petitioner no. 1 having filed an objection. Even that report is inconclusive and recognizes that certain persons have objected while others have voluntarily given their lands. There is no finding that the lands of the petitioners have been intruded only to the extent permissible of two feet, by the order of the Court. The Court requires the District Magistrate to place before the Court the reasons and speaking order that may have finally been passed by him after consideration of the objections in light of the direction contained in the order of the Court. At the request of the State, list at the same position on the 8th of February, 2012. P. Kumar ( Navin Sinha, J.)

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