Sanjay Sah And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4647 of 2017 ====================================================== 1.

Sanjay Sah son of Late Chhedi Sah, Presently residing at Mohalla Indira Nagar Housing Board House No. PMR 20, P.S. K. Hat District- Purnea. 2.

Kumod Kumar alias Kumod Kumar Mandal, son of Sri Bishwanath Mandal Sah, Presently residing at Mohalla Indira Nagar Housing Baord House No. PMR 10, P.S. K. Hat District- Purnea.

3.

Pawan Kumar alias Pawan Kumar Guha, son of Damodar Gupta Sah, Presently residing at Mohalla Indira Nagar Housing Board House No. PMR 19, P.S.- K. Hat District- Purnea.

4.

Jaymod Kumar Mandal, son of Bishwanath Mandal, Presently residing at Mohalla Indira Nagar Housing Board House No. PMR 20, P.S.- K. Hat District- Purnea.

5.

Ram Chandra Sah, son of Mahendra Sah Sah, presently residing at Mohalla Indira Nagar Housing ColonyHouse No. PMR 8, P.S.- K. Hat DistrictPurnea. 6.

Priyanka Kumari, wife of Bijendra Kumar, D/o Ram Chandra Singh, presently residing at Mohalla Indira Nagar Housing Board House No. PMR 17, P.S.- K. Hat District- Purnea.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Commissioner-cum-Principal Secretary, Department of Urban Development and Housing, Govt. of Bihar, Patna. 2.

The Bihar State Housing Board through the Managing Director 6 Mangles Road, Patna.

3.

The Manager Estate, Bihar State Housing Board through the Managing Director M 6 Mangles Road, Patna 4.

The Executive Engineer, Bihar State Housing Board through the Managing Director M 6 Mangles Road, Patna 5.

The Assistant Engineer, Bihar State Housing Board, Purnea. 6.

The Executive Engineer, Bihar State Housing Board, Barari, Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Prawesh Kumar,Adv.

For the State :

Mr.Kinkar Kumar,SC-9 Mrs.Deepika Sharma,AC to SC-9 For the Board :

Mr.Suman Kumar Mishra,Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-04-2023 The present writ petition has been filed

Patna High Court CWJC No.4647 of 2017(2) dt.21-04-2023 2/3 seeking the following relief:- "1.I. For issuance of a writ in the nature of certiorari and /or other appropriate writ/ writs by quashing/setting aside the notice contained in memo no.1402, 1392 dated 10.12.2015 and also notice contained in memo no.611, 607, 600, and 609 respectively dated 8.9.2016, whereby and whereunder the petitioners have been directed to vacate the house in which they are residing along with whole family members for more than fifteen years.

II. For further direction to settle the land in question in favour of the petitioners in accordance with law upon which the petitioners have constructed the house and living in the said house since more than 15 years with their families.

III. For issuance of a writ in the nature of mandamus directing /commanding to the concerned respondents not to dispossess the petitioners from the land in question till final decision of the present case."

At the outset, the learned counsel for the petitioners seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioners to avail such other alternative remedies

Patna High Court CWJC No.4647 of 2017(2) dt.21-04-2023 3/3 as are otherwise available under the law, for redressal of their aforesaid grievances. Liberty so sought is granted.

The writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) S.Sb/SonalU