Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4018 of 2023 ====================================================== Vishal Kumar S/o Shri Rajeshwar Prasad, R/o Sonapatti, Ward No.-08, Chakmahila, P.S.-Town Police Station, District-Sitamarhi, Bihar-843302. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Chief Secretary, Government of Bihar, New Secretariat, Patna-800001, Bihar.

2.

Additional Chief Secretary, Revenue and Land Reforms Department, Government of Bihar, New Secretariat, Patna-800001, Bihar. 3.

District Magistrate, Sitamarhi, Bihar.

4.

Circle Officer, Dumra, Sitamarhi 5.

Superintendent of Police, Sitamarhi 6.

S.H.O., Town Police Station, Sitamarhi 7.

Shri Nagendra Chaudhary, S/o Late Chulhai Chaudhary, R/o-Bhuthi, P.S.- Sonbarsa, District-Sitamarhi.

8.

Shri Ravindra Chaudhary, S/o Late Chulhai Chaudhary, R/o-Bhuthi, P.S.- Sonbarsa, District-Sitamarhi.

9.

Shri Ravi Chaudhary, S/o Late Chulhai Chaudhary, R/o-Bhuthi, P.S.- Sonbarsa, District-Sitamarhi.

10.

Smt. Ram Dulari Devi alias Bhakurawali, W/o Late Bhola Chaudhary, R/oBhuthi, P.S.-Sonbarsa, District-Sitamarhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Md. Khurshid Alam (AAG 12) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-10-2023 The present writ petition has been filed seeking the following reliefs:- "1. i. For the issuance of an appropriate writ of Mandamus or any other or appropriate writ(s) or order(s), direction(s) commanding the Respondent Authority No. 3 and

2/4 6 to immediately initiate proceeding under Section 3 of the Bihar Public Land Encroachment Act, 1956 and remove the illegal encroachment done by the Respondent No. 7 to 10 upon the land vide Khesra No. 374 situated in front of the land of the petitioner which is Khesra No. 377 situated at the Badi Bazar, Ward No.

1, P.S.- Town Police Station, DistrictSitamarhi, Bihar. ii. For the issuance of an appropriate writ of Mandamus or any other or appropriate writ(s) or order(s) direction(s) commanding the Respondent Authority No. 5 and 6 to initiate criminal proceedings against the Respondent No. 7 to 10 who are illegally selling Toddy and wine (Countrymade Chulai Liquor) despite full fledged liquor ban in the state of Bihar.

iii. For the issuance of an appropriate writ of Mandamus or any other or appropriate writ(s) or order(s) direction(s) commanding the Respondent Authority No. 2 and

3/4 to initiate appropriate proceedings against the Respondent No. 4 who is the Circle Officer of Dumra, Sitamarhi for not taking actions against the Respondent No. 7 to 10 despite of several complaints made against them.

iv. For the issuance of appropriate writ of Mandamus or any other or appropriate writ(s) or order(s) or direction(s) commanding the Respondent No. 3 to take appropriate steps against the Respondent No. 4 who has placed wrongful submission before the Sub Divisional Grievance Redressal Officer, that he has initiated a case vide Case No. 4/2022-23 which is also reflected in the order sheet of the Sub Divisional Grievance Redressal Officer, Sitamarhi dated 05.09.2022 and in actual he has not initiated any proceeding so far."

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

4/4 petitioner to avail such other alternative remedies as are otherwise available under the law, for redressal of the aforesaid grievances. Liberty, so sought, is granted.

3.

The writ petition stands dismissed as not pressed.

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