Rajendra Pandey v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11104 of 2016 ====================================================== Rajendra Pandey S/o Mishri Pandey Resident of Village Chano, P.S. Durgawati, Distt. Kaimur, A/p Village Mohammadpur, P.S. Mohania, Distt. Kaimur.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

District Magistrate, Kaimur.

3.

Additional Collector, Kaimur.

4.

S.D.O. Mohania, Kaimur.

5.

B.D.O., Mohania, Kaimur.

6.

Anchal Adhikari, Mohania, Kaimur.

7.

Mukhia Gram Panchayat Raj, Bamhaur, P.S. Mohania, Dist. Kaimur. 8.

The Officer In-Charge, Mohania Police Station, Dist. Kaimur. 9.

Ram Bachan Tiwary 10.

Lal Bachan Tiwary Sons of Late Harbansh Tiwary 11.

Parmahansh Tiwary Son of Late Ramdeo Tiwary 12.

Shailendra Kumar Tiwary S/o Jagdish Tiwary 13.

Akhilesh Kumar Tiwary S/o Jagdish Tiwary Respondent nos. 8 to 12 are R/o Villagee Mohammadpur, P.S. Mohania, Dist. Kaimur Bhabhua. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mahesh Prasad, Advocate Mr.Rewti Kant Raman, Advocate For the State :

Mr. Ajay Behari Sinha, GA-8 Mr. Neeraj Raj, AC to GA-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-04-2023 The present writ petition has been filed seeking the following relief:- "That this application is for quashing the order dt. 11.3.16 passed by respondent Anchal Adhikari, Mohania in Land Encroachment Case no. 28/13-

Patna High Court CWJC No.11104 of 2016(2) dt.04-04-2023 2/3 14 by which he has rejected the petition filed by the petitioner ignoring / violating order dated 17.8.15 passed by Hon'ble Mr. Justice Jyoti Sharan in C.W.J.C. no. 2164/14 filed by the petitioner and has dropped the said case holding that there is no encroachment over C.S. Plot no.

204 (R.S. Plot no. 271 appertaining to C.S. khata no. 60 (R.S. Khata no. 115) of Village Mohamadpur, P.s. Mohania, P.s.

no. 463, Distt. Kaimur though earlier a report has been filed before him at his direction by the Halka Karamchari contained in Ax. A and Anchal Amin contained in Ax. B to the Counter Affidavit filed by the Anchal Adhikari, himself and considering the same a direction was given by this Hon'ble Court for determining the encroachment as he has asserted in the CA that encroachment case has already been initiated and notice has been issued to the Encroachers private respondent nos.8 to 11 and other antisocial elements."

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.11104 of 2016(2) dt.04-04-2023 3/3 petitioner to avail such other alternative remedies as are otherwise available under the law. Liberty, so sought, is granted.

The writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) kanchan/- U