Anil Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2750 of 2023 ====================================================== Anil Kumar Yadav Son of Deonarayan Prasad Mahto Resident of VillageJalalpur, Post Office-Jalalpur, Police Station-Moahnpur, O.P. Patori, DistrictSamastipur. ... ... Petitioner/s

Versus

1.

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

The Additional Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

3.

The Commissioner, Darbhanga Division, Darbhanga. 4.

The District Magistrate-Cum-Collector, District-Samastipur. 5.

The Sub-Divisional Officer, Patori, District-Samastipur. 6.

The Deputy Collector Land Reforms, Patori, District-Samastipur. 7.

The Circle Officer, Mohanpur, District-Samastipur. 8.

The Station House Officer, Mihanpur O.P., Patori, District-Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Singh, Advocate Mr.Amit Kumar, Advocate For the Respondent/s :

Mr.Md. Khurshid Alam (AAG12) Mr. Arun Kumar Bhagat, AC to AAG-12 ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date : 25-02-2023 The petitioner in the present writ application, filed in the nature of Public Interest Litigation, is seeking direction for removal of encroachment from a land which, according to the petitioner, is a public land being used for passage and drainage. The petitioner instead of approaching this Court by

Patna High Court CWJC No.2750 of 2023 dt.25-02-2023 2/2 filing the present Public Interest Litigation ought to have approached appropriate authority either under the Bihar Public Land Encroachment Act, 1956 or under Section-133 of the Cr. P.C.

We are not inclined to entertain this writ petition in exercise of our extra ordinary jurisdiction under Article-226 of the Constitution of India.

This application, in our opinion, has no merit and is, accordingly, dismissed.

(Chakradhari Sharan Singh, ACJ) ( Madhuresh Prasad, J) K.C.Jha/P.K.P.

AFR/NAFR CAV DATE Uploading Date 27.02.2023 Transmission Date