Dinesh Chandra Khan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 17508 of 2017 ====================================================== Dinesh Chandra Khan, son of late Sureshwar Khan, resident of village + P.O. + P.S.- Bangaon, District - Saharsa.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Education Department, Government of Bihar.

2.

The District Magistrate-cum-Collector, Saharsa. 3.

The Sub-Divisional Officer, Saharsa.

4.

The Circle Officer, Kahra, Saharsa.

5.

The Principal, Saharsa Polytechnic College, Saharsa. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suman Kumar Jha, Advocate For the Respondent/s :

Mr. Prabhakar Jha, G.P.- 27 Mr. Mukund Mohan Jha, A.C. to G.P.- 27 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-04-2023 The present writ petition has been filed seeking the following reliefs:- "1. This is a petition for issuance of writ/ order or direction in the nature of mandamus:- (i) Restraining the respondents from demolishing the house of the petitioner standing on his Raiyati land measuring 15 dhurs of new Plot No. 572 (old Plot No. 1750) appertaining to new Khata No. 149 (old Khata- 694) bearing holding No. 16, Ward No. 32 situated in Thana No. 189, Khewat No. 24/3 in Saharsa District.

Patna High Court CWJC No. 17508 of 2017(2) dt.24-04-2023 2/2 (ii) Restraining the respondents from disturbing the peaceful possession of the property in question and restricting them to construct the building and boundary wall of the Saharsa Engineering College on the land of the college and not to encroach upon the above mentioned property/land of the petitioner.

(iii) Restraining the respondents from giving threats of demolishing the property in question of the petitioner, which has never been acquired by the respondents."

Considering the nature of relief sought for in the present writ petition, I deem it fit and proper to grant liberty to the petitioner to avail such other alternative and efficacious remedies as are otherwise available under the law.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U