Ashutosh Anand v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5856 of 2023 ====================================================== Ashutosh Anand S/o Achhutananda Sharma R/o Vill and Police StationPalanawa, Anchal-Raxaul, District-East Champaran, Bihar-845440 Also at R/o 710, Shivaji Nagar Colony, Chhttupur, Varanasi, Uttar Pradaesh-221005 ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Home (Police0 Department, Bihar, Patna.

2.

The Principal Secretary, Land Reforms Department, Bihar, Patna. 3.

The Director General of Police, Bihar, Patna. 4.

The District Magistrate, East Champaran, at Motihari. 5.

The Superintendent of Police, East Champaran, at Motihari 6.

The Deputy Collector Land Reforms, Raxaul Distt-East Champaran 7.

The Sub-Divisional Officer, Raxaul Distt-East Champaran 8.

The Circle Officer, Raxaul Distt-East Champaran 9.

The Officer In-Charge, Palanwa Police Station Distt-East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. P.K. Shahi, AG ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE MADHURESH PRASAD) Date : 25-04-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. Alleging encroachment of Government land by a private individual, who has not been impleaded as party to the writ petition as also a prayer not to proceed for shifting of the proposed police station building of palanwa police station has been raised in the instant writ proceedings by way of Public

Patna High Court CWJC No.5856 of 2023 dt.25-04-2023 2/3 Interest Litigation.

3. The Bihar Public Land Encroachment Act, 1956 provides adequate remedy, if there is any encroachment of any public land. The encroachment alleged in Annexure P4 is an issue which the petitioner may raise under the Act or other civil remedies in accordance with law, that also after impleading the alleged encroacher.

4. Insofar as the proposed construction of police station building at a particular location is concerned, this Court would observe that such decision is essentially a matter of executive policy based on various administrative issues/factors, including accessibility to the police station, its locational advantage, having regard to the area of policing to be undertaken by the police station, size of land and proximity to other administrative infrastructure, etc.

5. The alleged claim of a party regarding a particular location being more suitable than another is not an issue which this Court ought to entertain in a proceedings under Article 226 of the Constitution of India. While one location is more suitable as per one person, another location may be suitable as per another person. Therefore, such issues are best left to the executive decision based on all relevant factors.

Patna High Court CWJC No.5856 of 2023 dt.25-04-2023 3/3

6. This Court does not find any issue of public interest raised in the instant writ proceedings.

7. Accordingly, the writ application is dismissed. (K. Vinod Chandran, CJ) (Madhuresh Prasad, J) rajkishore/- AFR/NAFR N/A CAV DATE N/A Uploading Date 04.05.2023.

Transmission Date N/A