Bharat Bhushan Sah And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4642 of 2017 ====================================================== 1.

Bharat Bhushan Sah Son of Sri Bhuneshwar Sah Presently residing at Mohalla Indira Nagar Housing Board House No. PER 57, P.S.K. Hat District Purnea.

2.

Pradeep Yadav Son of Late Tilkeshwar Presently residing at Mohalla Indira Nagar Housing Board House No. PER 55, P.S.K. Hat District Purnea. 3.

Nagendra Yadav @ Narendra Son of Late Tilkeshwar Presently residing at Mohalla Indira Nagar Housing Board House No. PER 56, P.S.K. Hat District Purnea.

4.

Shyam Lal Bhagat Son of Shesho Bhagat Presently residing at Mohalla Indira Nagar Housing Board House No. PER 58, P.S.K. Hat District Purnea. 5.

Rahul Kumar Son of Sri Krishnandan Bishwas Presently residing at Mohalla Indira Nagar Housing Board House No. PER 59, P.S.K. Hat District Purnea. 6.

Mithilesh Kumar @ Mithilesh Kumar Bishwas Son of Sri Krishnandan Bishwas Presently residing at Mohalla Indira Nagar Housing Board House No. PER 60, 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, 6 Mangles Road, Bhagalpur.

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. Ashok Kumar, Adv.

For the Respondent/s :

Mr. Indeshwari Prasad For the Housing Board :

Mr. Suman Kumar Mishra, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-04-2023 The present writ petition has been filed seeking the following reliefs:- "1(I). For issuance of a writ in the nature of certiorari and / or other appropriate writ / writs by quashing /

Patna High Court CWJC No.4642 of 2017(2) dt.12-04-2023 2/2 setting aside the notice contained in memo no.658,659, 660,661,662, and 663 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.

(11). 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 concern respondents not to dispossessed the petitioners from the land in question till final decision of the present case." After some arguments, 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 as are otherwise available under the law. Liberty, so sought, is granted.

The writ petition stands dismissed as not pressed. (Mohit Kumar Shah, J) Ajay/- U