Harendar Thakur And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13759 of 2015 ====================================================== 1.

Harendar Thakur son of Late Kapil Dev Thakur 2.

Ram Pukar Thakur son of Late Kapil Dev Thakur Both resident of village- Mohiuddinpur, Police Station- Waris Nagar, District- Samastipur.

... ... Petitioner/s

Versus

1.

The State Of Bihar, through the Collector, Samastipur. 2.

The S.D.O., Samastipur.

3.

The L.R.D.C.-cum-Land Dispute Redressal Officer, Samastipur. 4.

The C.O. Waris Nagar, Samastipur.

5.

The Executive Engineer, Rural Engineering Works Division, Samastipur. 6.

The Assistant Engineer, Rural Engineering Works Division, Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mohammad Sufyan, Advocate For the Respondent/s :

Mr.Ashok Priyadarshi- Ga4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-08-2023 1.

The present writ petition has been filed seeking the following relief:- "That this is an application for issuance of appropriate writ/ writs, order/ orders and direction in the nature of certiorari for quashing the

Patna High Court CWJC No.13759 of 2015(3) dt.21-08-2023 2/3 order dated 10.04.2014 passed by learned L.R.D.C., Samastipur in Land Dispute Case No.155 of 2012 whereby and whereunder issue direction to the C.O. Warisnagar (Respondent No.4) for fresh measurement of the land of the petitioners bearing Khata No. 312 (old) Khesra No. 581 (old) area 1.50 acre situated in village Mohiddinpur in the district of Samastipur which has been forcibly utilized by the respondents for construction of a road under the Pradhan Mantri Gramin Sarak Yojana to the extend of 2 katha, 15 dhurs which is bad and illegal and it is further prayed to issue direction to the respondents to pay adequate compensation to the petitioners."

2.

At the outset, 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 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.

Patna High Court CWJC No.13759 of 2015(3) dt.21-08-2023 3/3 3.

The writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) kanchan/- U