Ashok Kumar Thakur v. That State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4417 of 2023 ====================================================== Ashok Kumar Thakur Son of Late Saraju Thakur, Resident of MohallaBeladullah, Darbhanga Town, District- Darbhanga. ... ... Petitioner/s

Versus

1.

That State of Bihar through the Principal Secretary, Department of General Administration, Government of Bihar, Patna.

2.

The Collector, Patna.

3.

The Senior Superintendent of Police (SSP), Patna. 4.

The Sub- Divisional Officer, Patna Sadar, District- Patna. 5.

The Station House Officer (SHO), P.S. Kotwali, District- Patna. 6.

M/s Namira Construction Pvt. Ltd. having its office at S.P. Verma Road, Patna through its one of the Director M/S Seraj Anwar, Resident of B-186 Police Colony, Anisabad, P.S.- Gardanibagh, District and Town- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Saxena, Advocate For the Respondent/s :

Mr.Sheo Shankar Prasad (SC-8) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-10-2023 The present writ petition has been filed seeking the following reliefs:- "1.(A) For issuance of a writ of Mandamus commanding the respondents for immediate removal of blockade, obstruction and hurdles deliberately created by respondent no. 6 on all the three private approach road to the land of the petitioner bearing Holding No.

242 (New) H.N- 84(A) old Municipal Survey Plot No. 65 (Part) Thana No.

Patna High Court CWJC No.4417 of 2023(2) dt.10-10-2023 2/3 137, Thana- Kotwali, District- Patna, Ward No. 2, Circle No. 6 within the limit of Patna Municipal Corporation situated at Frazer Road, Patna.

(B) For issuance of a writ of Mandamus commanding the respondents for immediate removal of the blockade by an iron shutter kept on the main entrance from the side of Frazer Road towards his land bearing Plot No. 242 (New) Municipal Survey Plot No. 65 (Part) in order to prevent the petitioner's smooth passage to his land and there by to grab the entire area of 1 Katha 06 dhur of the Plot in question.

(C)For issuance of a Rule commanding the official respondents to ensure safety of Municipal Survey Plot No. 65 mentioned in Para 1(A) from being grabbed by Respondent No. 6 on the strength of Musclemen of respondent no. 6 and antisocial elements at his command."

Patna High Court CWJC No.4417 of 2023(2) dt.10-10-2023 3/3 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 petitioner to avail such other alternative remedies, as are otherwise available under the law, including that of filing a suit before the Ld. Civil Court having competent jurisdiction, 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