Santosh Kumar @ Santosh Kumar Kohar And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23242 of 2018 ====================================================== 1.

Santosh Kumar @ Santosh Kumar Kohar S/o Sri Kishun Kihar R/o Old Bus Stand Buxar, Police Station- Buxar Town, Ward No. 12 District- Buxar 2.

Suraj Kumar Gupta S/o Biswanath Prasad R/o Thatheri Bazar, Buxar, Police Station- Buxar Town, District- Buxar 3.

Chandra Shekhar Choudhari S/o Sri Heera Lal Chaudhari R/o VillageBhelupur, present residing at Old Bus stand main gate Right Side, Police Station- Buxar Town, District- Buxar ... ... Petitioner/s

Versus

1.

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

The Principal Home Secretary, Government of Bihar, Patna 3.

The Principal Urban Development Secretary, Govt. of Bihar, Patna 4.

The District Magistrate, Buxar 5.

The Sub-Divisional Officer, Buxar Sadar, Buxar 6.

The Nagar Parishad Buxar through the Executive Officer, Nagar Parishad, Buxar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Ranjan For the Respondent/s :

Mr. Subhash Pd. Singh, GA-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-05-2023 Heard learned counsel for the petitioners and learned counsel for the State.

From bare perusal of the prayer made in the writ application, the present writ application is not maintainable simply for the reason that the petitioners have sought mandamus upon the authorities not to evict them on the ground that they are on the barren land of the Government for a considerable period of time when from perusal of the pleadings made in the

Patna High Court CWJC No.23242 of 2018(2) dt.05-05-2023 2/2 writ application, it manifest that the petitioners against the same relief had moved before the Lok Shikayat Nivaran Officer who had rejected the claim of the petitioners by his order dated 12.10.2018 on the ground that petitioners had not applied for settlement. Since the petitioners have not challenged the order passed by the Lok Shikayat Nivaran Officer by which their claim was rejected, as such in absence of challenge, the order passed by Lok Shikayat Nivaran Officer has attained finality and accordingly, the present writ application is not maintainable, as the Court cannot issue any mandamus upon the authorities when the claim of the petitioners stands rejected as aforesaid. Accordingly, the present writ application stands dismissed.

(Satyavrat Verma, J) Rishabh/- U