Sunil Kumar Motani @ Sushil Kumar Motani v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5723 of 2017 ====================================================== Sunil Kumar Motani @ Sushil Kumar Motani Son of Late Ramgopal Motani, resident of Mohalla- Lal Bazar, P.O. and P.S.- Bettiah, District- West Champaran.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Rural Development, Bihar, Patna 2.

The Collector, West Champaran, Bettiah.

3.

Land Reforms Deputy Collector, West Champaran, Bettiah. 4.

The Anchala Adhikarai, Bettiah, District- West Champaran. 5.

Birendra Prasad, Son of Late Bansi Prasad, resident of Village- Sirisa Adda, P.O. and P.S.- Chanpatia, District- West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Respondent/s :

Mr.Md Khurshid Alam-Aag12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-04-2023 The present writ petition has been filed seeking the following relief:- "1. That this is an application for issuance of an appropriate writ, order or direction, particularly in the nature of writ of Mandamus for directing the respondents to demolish the illegal construction of respondent No.5 (Birendra Prasad), blocking the 10 feet of Aam Rasta of the petitioner, whereas the Sale Deed No.12859 dated 22.08.1983, executed in favour of petitioner shows 10 feet Raasta in southern boundary, and likewise the Sale Deed No. 12240 dated 28.08.2001, executed in

Patna High Court CWJC No.5723 of 2017(2) dt.13-04-2023 2/2 fovour of respondent no. 5 shows 10 feet Raasta in northern boundary, clearly showing that land of the petitioner on the one hand and the land of the respondent no.5 is intervened by 10 feet Raasta which has been illegally encroached by illegal construction."

After some arguments, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner 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