Raj Kumar @ Raj Kumar Malakar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4550 of 2023 ====================================================== Raj Kumar @ Raj Kumar Malakar son of Late Ayodhya Prasad, Resident of Shishu Sadan School, Khazanchi Road, P.O.-Bankipore, P.S.-Pirbahore, District-Patna.

... ... Petitioner

Versus

1.

The State of Bihar.

2.

The District Magistrate, Patna.

3.

The Additional Collector, Patna.

4.

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

The Circle Officer, Patna Sadar, District-Patna. 6.

Aghor Prakash Shishu Sadan, Khazanchi Road, Patna, P.O.-Bankipore, P.S.- Pirbahore, District-Patna through its President Dr. Dilip Kumar Sinha. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Onkar Kumar, Advocate Mr.Nawal Kishor Singh, Advocate For the State :

Mr.Raj Kishore Roy, GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-04-2023 The present writ petition has been filed seeking the following relief:- "That this is an application for issuance of an appropriate writ(s), order(s) for quashing of the order dated 23.10.2022 passed and issued under the signature of Respondent no.02 in Misc.

Case No.01/2022-23 whereby and whereunder a direction has been issued to the Respondent no.5 to initiate encroachment proceeding upon the land upon which petitioner is residing with his family from more than 63 years under

Patna High Court CWJC No.4550 of 2023(2) dt.03-04-2023 2/2 Bihar Public Land Encroachment Act, 1956. And further for issuance of an appropriate writ(s), order(s) for quashing of the notice dated 21.02.2023 issued by the Respondent no.5 to the petitioner whereby and whereunder petitioner has been directed to appear before Respondent no.5 on 15.03.2023 for filing show cause as to why encroachment upon the land situated at MauzaMuharampur, P.S. No.137, Ward No.09, Sheet no.81, Municipal khesra no.46, Area 4.68 decimal may not be removed."

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. Liberty, so sought, is granted.

The writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) kanchan/- U