Ramesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7231 of 2024 ====================================================== Ramesh Kumar S/o Late Ramchandra Mahto Resident of Village- Magardahi, Old Ward No.- 15, New Ward No.- 35, P.S.- Town, District- Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Additional Chief Secretary of Land and Revenue Department of the Govt. of Bihar, Patna. 2.

The Secretary of SC/ST State Commission, Govt. of Bihar, Patna. 3.

The District Magistrate, Samastipur, Municipal Commissioner, Samastipur. 4.

The Municipal Council, Samastipur.

5.

The Sub Divisional Officer, Samastipur.

6.

The District Welfare Officer, Samastipur District. 7.

The Circle Officer of Jitwarpur Circle of the Samastipur District. 8.

The S.H.O. of Samastipur Town Police Station of Samastipur. 9.

Amresh Sharma S/o Mahesh Sharma Resident of Village- Magardahi, Old Ward No.- 15, P.S.- Towan, District- Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Jitendra Kumar, AC to AAG-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-01-2025 The present writ petition has been filed seeking the following reliefs:- "1. (i) For issuance of direction to the concerned respondents to remove the encroachment from the Public Land appertaining to Khata No. 106, Plot No.

506, Thana No. 179, situated at Mauza Magardahi under Samastipur town of Jitwarpur Anchal, District-Samastipur, after getting proper measurement done by the Anchal Amin.

(ii) For issuance of direction to the authorities concerned to prohibit the Respondent No. 9 from making illegal encroachment of the public land

Patna High Court CWJC No.7231 of 2024(3) dt.03-01-2025 2/2 pertaining to Khata No.106, Plot No.

506, Thana No. 179 of Magardahi Mauza, Anchal-Samastipur, DistrictSamastipur and as such ensure the free ingress and outgress of the petitioner from the aforesaid mentioned land without any obstruction."

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 civil 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 disposed off.

(Mohit Kumar Shah, J) S.Sb/- U