Smt. Gangiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7047 of 2019 ====================================================== Smt. Gangiya Devi W/o Late Jhikuti Choudhary Resident of Village Mokama Doctor Toli, P.S. Mokama Ward No. 7, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through Circle Officer, Mokama, District- Patna. 2.

The District Magistrate (D.M.), District- Patna. 3.

The Sub-Divisional Officer(S.D. OI.), District- Patna. 4.1. Smt. Dharamshila Devi, W/o Parmeshwar Sao, Resident of MohallaMokama Doctor Toli, P.S. Mokama, Distt. Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satish Kumar, Advocate For the Respondent/s :

Mr.Rishi Rj Sinha (Sc19) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-08-2023 1.

The present writ petition has been filed seeking the following relief:- "A) For that the writ in the nature of Mandamus or any other writs commanding the petitioner with prayer from Hon'ble Court to direction to the Respondent authority to remove the encroachment from the land which has encroached by the private respondent no.4 in respect of Survey Plot No.1648, Holding No.301, Mauza Mokama district of Patna.

(B) For that the petitioner she has purchased 1/2 half land of 5 decimals in the name of Mosmat Parbati

Patna High Court CWJC No.7047 of 2019(6) dt.21-08-2023 2/2 Devi since 19.2.13 whose land has been encroached by the respondent no.4 and sold to the name of other person to says a ancestral land."

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 learned civil court of competent jurisdiction. Liberty, so sought, is granted.

3.

The writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) kanchan/- U