Saurav Suman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10331 of 2019 ====================================================== Saurav Suman, son of Jaldhar Rajak, resident of village- Lodipur, P.S.- Sabour, District- Bhagalpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Road Construction Department, Govt. of Bihar, Vishweshwaraiya Bhawan, Patna. 2.

The Commissioner cum the Chairman Smart City Bhagalpur. 3.

The District Magistrate cum Collector Bhagalpur. 4.

The Commissioner Bhagalpur Municipal Corporation. 5.

The Sub- Divisional Officer Sadar, Bhagalpur. 6.

The Executive Engineer PWD, Bhagalpur.

7.

The Circle Officer Jagadishpur, Bhagalpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Najmul Hodda, Adv.

For the Respondent/s :

AC to GA-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 07-05-2019 The encroachment on a public road is the subject matter of this writ petition which is filed in the nature of a public interest litigation.

There is statutory remedy available to the petitioner, if aggrieved, under the Bihar Public Land Encroachment Act, 1956 and if so advised, he can take recourse thereto. No ground of indulgence is made out in public interest where statutory remedy is available. The writ petition is disposed of accordingly. (Jyoti Saran, J) ( Anjani Kumar Sharan, J) Anjula/skpathak U