Ranjeet Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18710 of 2016 ====================================================== Ranjeet Kumar s/o Mahendra Kishore Pathak resident of village - Kesaria, P.S. Kesaria, District - East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Land Reforms, Govt. of Bihar, Patna.

2.

The Collector, East Champaran, Motihari.

3.

The Deputy Collector, Land Reforms, Chakia.

4.

The Sub Divisional Officer, Chakia, Motihari. 5.

The Circle Officer Kesaria, Motihari.

6.

Prabhu Paswan s/o Gaja Hajra resident of village - Kesaria, P.S. Kesaria, Distt - East Champaran.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar Pandey,Adv.

For the Respondent/s :

Mr.Rishi Raj Sinha,SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-04-2023 The present writ petition has been filed seeking the following relief:- "1.A. An appropriate writ/s order/s direction/s commanding the respondent no. 1 to 5 to restore right of the petitioner as well as other residents of village over public road passing through adjacent to Khesra No.2776 in Mauza - Kesaria, Thana204, Anchal Keasaria, Dist- East Champaran, which has been illegally possessed/ encroached by respondent no.6 by erecting house on the public road.

B. An appropriate writ for direction to the

Patna High Court CWJC No.18710 of 2016(2) dt.06-04-2023 2/3 respondent no.5 to make proper enquiry and thereafter to remove house of respondent no.6 and restore the right to use public road of the people as well as the petitioner inasmuch as it is only road is/was available to the petitioner and others to pass through approaching road but the respondent-6 forcibly encroached the road under conspiracy with respondents.

C. An appropriate writ for directing the respondent's authorities to take coercive step against the respondent no.6 to dispossess him over the public road and also remove encroachment over the road which was being used by the petitioner and other villagers beyond memory of the petitioner/ villagers, moreover it is only path to reach on connecting road, but the respondent no.6 has forcibly constructed house and also forced the petitioner not to construct house over rayati land which has been allotted to him after partition of family."

At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however seeks liberty on behalf of the

Patna High Court CWJC No.18710 of 2016(2) dt.06-04-2023 3/3 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.

The writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) S.Sb/sonalU