Sajjan Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3393 of 2024 ====================================================== Sajjan Kumar Choudhary S/o- Kapil Dev Choudhary, R/o village- Rahimpur Choudhary Tola, Post- Rahimpur, P.S.- Muffasil, Distt.- Khagaria ... ... Petitioner/s

Versus

1.

The State Of Bihar Through Additional Secretary Water Resource Department, Patna.

2.

The Divisional Commissioner, Munger Division. 3.

The District Magistrate, Khagaria.

4.

The circle Officer, Khagaria.

5.

The Executive Officer, Nagar Parishad, Khagaria. 6.

Srimati Nirmala Devi, W/o- Sri Sunil Singh, R/o Village- Vidyadhaar Nagar Suraksha Bandh, ward no.- 6/15, Khagaria, P.S. and Distt -Khagaria, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar, Adv.

For the State :

Mr. Akhileshwar Singh, AC to GA-2 For the Respondent No. 5 :

Mr. Krishna Chandan, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-05-2024 The present writ petition has been filed seeking the following reliefs:- "1(i). For a direction upon the Respondent no. 3 i.e, D.M., Khagaria to comply with the order dated 11.11.2022 passed in complaint case no. 421110105052205362/IA by Divisional Commissioner, Munger, whereby the Divisional Commissioner, Munger has pleased to pass an order to the D.M., Khagaria to remove the encroachment from the land of the petitioner and inform undersigned.

(ii). Further direct to the D.M. Khagaria to

Patna High Court CWJC No.3393 of 2024(2) dt.13-05-2024 2/2 execute the order dated 11.11.2022 pursuant to the application dated 13.12.2022 where the petitioner has requested to enforce the order of Divisional Commissioner, Munger well within time.

(iii). Further also direct to the D.M., Khagaria to dispose of the reminder representation dated 16.08.2023 for compliance of order of the Divisional Commissioner, Munger in accordance with law."

2.

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.

3.

Accordingly, the writ petition stands disposed off. (Mohit Kumar Shah, J) Ajay/- U