Sahdeo Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12729 of 2016 ====================================================== Sahdeo Singh son of late Agnu Singh Yadav, resident of village Devi Sarai, P.S.-Deepnagar, District-Nalanda at present resident of mohalla Murarpur, P.S. Laheri, District-Nalanda.

... ... Petitioner/s

Versus

1. The State Of Bihar through Home Secretary, Home Deptt. Patna

2. The Collector-cum-District Magistrate, Nalanda

3. The Anchal Adhikari, Biharsharif, District-Nalanda ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Surendra Kishore Thakur, Adv.

For the Respondent/s :

Mr. Shailendra Kumar, AC to GP-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-04-2023 The present writ petition has been filed seeking the following relief:- "1. That by way of this writ application petitioner invoking extra-ordinary writ jurisdiction of this Hon'ble High Court seeks indulgence for issuance of an appropriate writ/writs in the nature of writ of certiorari quashing the order dated 18.11.2014 passed by the District Magistrate, Nalanda in Encroachment Case No. 1/2007 by which order dated 25.10.2004 passed by the Anchal Adhikari Biharsharif in Encroachment Case No. 1/ 2 of 03-04 dropping the encroachment proceeding has been set aside without condoning the inordinate delay in filing the appeal and directed the S.D.O. and D.C.L.R.

Biharsharif to enquire the matter personally

Patna High Court CWJC No.12729 of 2016(2) dt.04-04-2023 2/2 and in case of encroachment, take appropriate action for removal of encroachment. The petitioner also prays for quashing the notice issued by Anchal Adhikari, Biharsharif contained in memo no. 393 dated 3.2.2016 issued in the name of Dharmsheela Devi (since deceased) wife of Sahdeo Singh (the petitioner)."

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