Sakuntala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6708 of 2020 ====================================================== 1.

Sakuntala Devi Wife of Ramnandan Singh, resident of Muhalla- New Karbigahiya, Bus Stand Road, behind Irrigation Department Office, Police Station- Jakkanpur, District- Patna.

2.

Ranju Kumari Wife of Sunil Kumar, resident of Muhalla- New Karbigahiya, Bus Stand Road, behind Irrigation Department Office, Police StationJakkanpur, District- Patna. 3.

Kamlesh Kumar, Son of Late Sohrai Saw, resident of Muhalla- New Karbigahiya, Bus Stand Road, behind Irrigation Department Office, Police Station- Jakkanpur, District- Patna.

4.

Kshitish Kumar Ray, Son of Late Naresh Ray, resident of Muhalla- New Karbigahiya, Bus Stand Road, behind Irrigation Department Office, Police Station- Jakkanpur, District- Patna.

5.

Munna Kumar Son of Late Ram Bilash Chaurasiya, resident of MuhallaNew Karbigahiya, Bus Stand Road, behind Irrigation Department Office, Police Station- Jakkanpur, District- Patna.

6.

Chansi Sharma @ Chansi Bishwakarma Son of Late Mahendra Kishore Sharma, resident of Muhalla- New Karbigahiya, Bus Stand Road, behind Irrigation Department Office, Police Station- Jakkanpur, District- Patna. 7.

Ravi Ranjan Malwiya Son of Late Ishwari Prasad Sharma, resident of Muhalla- New Karbigahiya, Bus Stand Road, behind Irrigation Department Office, Police Station- Jakkanpur, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, Patna. 2.

The Senior Superintendent of Police, Patna.

3.

Municipal Commissioner, Patna.

4.

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

The Sub-Divisional Police Officer, Patna Sadar, Patna. 6.

The Circle officer, Patna Sadar, Patna.

7.

The Officer Incharge, Jakkanpur Police Station, District- Patna. 8.

Surendra Yadav, Son of Late Mahendra Yadav, resident of Muhalla- New Karbigahiya, Bus Stand Road, behind Irrigation Department Office, Police Station- Jakkanpur, District- Patna.

9.

Rabindra Yadav, Son of Late Mahendra Yadav, resident of Muhalla- New Karbigahiya, Bus Stand Road, behind Irrigation Department Office, Police Station- Jakkanpur, District- Patna.

Patna High Court CWJC No.6708 of 2020(3) dt.13-11-2024 2/3 10.

Mithlesh Kumar Yadav Son of Late Rajendra Prasad Yadav, resident of Muhalla- New Karbigahiya, Bus Stand Road, behind Irrigation Department Office, Police Station- Jakkanpur, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kamlendra Pd. Singh, Advocate For the Respondent/s :

Mr.Subash Chandra Yadav ( Gp15 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-11-2024 The present writ petition has been filed seeking the following relief:- "1. For issuance of a writ in the nature of mandamus directing and commanding the respondent Circle Officer, Patna Sadar, Patna (Respondent No.6) to initiate proceeding to remove the encroachment made by the private respondent nos.8 to 10 over the public road appertaining to Thana No.20, Tauzi No.93 and 13, Khata No.73 and others, Cadestral Survey Plot No.21, Municipal Survey Plot No.72, Ward No.3 (old), Ward No.29 (New) Circle No.8(A) and Seat No.15, which lies in between Karbigahia Ice Factory, besides the irrigation department, uptill Sakuntala Community Hall in front of Mithapur Bus stand Main Road, in light of the judgment dated 29.8.2017, passed in C.W.J.C.No.8915 of 2015 by this Hon'ble Court."

2.

After some arguments, the learned counsel for the petitioners seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioners to avail such other

Patna High Court CWJC No.6708 of 2020(3) dt.13-11-2024 3/3 alternative remedies as are otherwise available under the law, including that of filing a civil suit before the learned civil court of competent jurisdiction, for redressal of their aforesaid grievances. Liberty, so sought, is granted.

3.

The writ petition stands disposed off.

(Mohit Kumar Shah, J) kanchan/- U