Murari Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5382 of 2023 ====================================================== Murari Prasad S/o- Bulkan Mahto Resident of Village- Barisawan, P.S.- Telhada, District- Nalanda.

... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, Nalanda at Biharsharif. 2.

The District Magistrate, Nalanda at Biharsharif. 3.

The Sub- Divisional Magistrate, Hilsa.

4.

Circle Officer, Ekangersarai Block, Nalanda.

5.

Sarwila Devi, Wife of Late Dinesh Ravidas Resident of Village- Nirmal Bigha, Rashalpur, P.S.- Telhada, District- Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Singh, Advocate For the Respondent/s :

Mr.Sajid Salim Khan (Sc25) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-10-2023

1. The present writ petition has been filed seeking the following relief(s):- "1(i) For issuance of writ in the nature of mandamus commanding upon the respondent authorities particularly the respondent Circle Officer to initiate a Land Encroachment case under Bihar Public Land Encroachment Act for removing encroachment over the Gairmajrua land by making Pakka construction by respondent no. 4 thereby causing obstruction in movement of public at large.

(ii) For further direction upon respondent authorities that in year 2019 itself before the Public Grievances Redressal Officer, Hilsa,

Patna High Court CWJC No.5382 of 2023(2) dt.16-10-2023 2/2 Nalanda, the Circle Officer, I kangersarai had made statement that in view of letter issued by Revenue and Land Reforms Department after manag ng suitable land for rehabilitation of respondent no.5 the encroachment shall be removed but till date no further action has been taken by the respondent Circle Officer."

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, for redressal of his aforesaid grievances. Liberty so sought is granted.

3. The writ petition stands dismissed as not pressed. (Mohit Kumar Shah, J) Saurav/- U