Lallan Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2261 of 2024 ====================================================== Lallan Sharma son of Kameshwar Singh, Resident of Saraswati Niwas Apartment, Flat No. 404, Rajendra Nagar, Patna, Permanent resident of Village Godsar, P.s.-Ghoshi, District Jehanabad. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Urban Development Department, Govt. of Bihar, Patna.

2.

The District Magistrate, Jehanabad.

3.

The Sub Divisional Officer, Jehanabad.

4.

The Circle Officer, Ghoshi, Jehanabad.

5.

The Block Development Officer, Makhdumpur cum Executive Officer, Nagar Parishad, Makdhumpur.

6.

The Station House Officer, Ghoshi Police Station, District-Jehanabad. 7.

Dinesh Sharma, son of Chandrika Sharma, resident of Village-Godsar, P.S.- Ghoshi, District-Jehanabad.

8.

Arjun Bhagat, son of Sri Nathun Bhagat, resident of Village-Godsar, P.S.- Ghoshi, District-Jehanabad.

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

For the Petitioner/s :

Ms.Bandana Singh, Advocate For the Respondent No.5:

Mr.Binay Kr. Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-09-2024

1. The present writ petition has been filed seeking the following relief(s):- "1(i) For directing the respondent No. 5 to ensure compliance of Rule 33 of Bihar Building Bye- Laws, 2014 and to ensure means of access to the petitioner to his ancestral house as provided in Rule 33 of Bihar Building Bye-Laws, 2014.

(ii) To restrain the Respondent No. 7 and 8 not to construct house / boundary over

Patna High Court CWJC No.2261 of 2024(4) dt.19-09-2024 2/2 the path which is being used by the petitioner and other inhabitants / villagers of the area for access toward the Ghoshi- Dhamapur road as well as to their houses."

2. 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, including that of pursuing title suit, bearing Title Suit No.301 of 2023, which is pending adjudication before the learned Court of Munsif, Jehanabad, for redressal of his aforesaid grievances. Liberty so sought is granted.

3. The writ petition stands dismissed.

(Mohit Kumar Shah, J) Saurav/- U