Sunita Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2454 of 2017 ====================================================== Sunita Devi Wife of Bipin Prasad, Resident of Mohalla- Nakched, P.S.- Motihari Town, District- East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Bihar, Patna. 2.

The Secretary Chief Minister, Secretariat, Bihar, Patna. 3.

The District Magistrate, East Champaran, Motihari. 4.

The Superintendent of Police, East Champaran, Motihari. 5.

The Sub-Divisional Officer, East Champaran, Motihari. 6.

The Deputy Collector Land Reform, East Champaran, Motihari. 7.

The Circle Officer, East Champaran, Motihari. 8.

Sri Suresh Prasad, son of Sita Ram Prasad, 9.

Sri Krishna Prasad, Son of Late Yamuna Prasad, Respondent No.8 and 9 are Resident of Mohalla- Nakched, P.S.- Motihari Town, District- East Champaran.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar, Advocate For the State :

Mr.Raj Kishore Roy-GP18 For Resp No.9 :

Mr.Karandeep Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-04-2023 The present writ petition has been filed seeking the following relief:- "1. That this civil writ application is being filed for issuance of direction to the Sub-Divisional Officer, Sadar, Motihari to ensure removal of encroachment from the boundary land of Khodanagar adjacent to the house of the Petitioner in exercise of the power conferred under Section 133 of the Code

Patna High Court CWJC No.2454 of 2017(2) dt.11-04-2023 2/2 of Criminal Procedure and in view of decision of the Hon'ble Division bench of the Hon'ble Patna High Court reported in 2016(1) PLJR, 248 (Sanjay Jha Vs. State of Bihar) as the two Private Respondents have raised illegal construction / boundary wall upon the public land and has blocked the single entrance to the Petitioner."

At the outset, 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) kanchan/Saurav U