Ajay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5779 of 2023 ====================================================== Ajay Kumar Singh S/o Ram Nagina Singh Resident of Village-Itaura, P.O.- Kumhaila, P.S.-Charpokhari, District-Bhojpur, Ara. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Secretary, General and Administration Department, Government of Bihar, Patna.

2.

The Collector, Bhojpur, Ara.

3.

The Land Reforms Deputy Collector, Piro Bhojpur (Ara) 4.

The Executive Engineer, Canal Department, Bhojpur, Ara. 5.

The Circle Officer, Charpokhari, Bhojpur.

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

For the Petitioner/s :

Mr.Uday Kumar For the Respondent/s :

Mr.Manish Kumar ( Gp 4 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-10-2023 The present writ petition has been filed seeking the following reliefs:- "1(i). For issuance of appropriate writ in the nature of certiorari for quashing the order dated 28.11.2022 passed by Collector, Bhojpur, Ara in Misc. Case No. 17/2022 who had decided the said case without hearing of petitioner which was specific direction to respondent in order dated 27.07.2022 passed in C.W.J.C. No. 4198 of 2021 but the collector had proceeded only on the basis of collusive report submitted by Circle Officer, Charpokhari.

(ii). For issuance of appropriate writ in the nature of certiorari for quashing the order dated

Patna High Court CWJC No.5779 of 2023(2) dt.16-10-2023 2/2 28.11.2022 passed by Collector, Bhojpur, Ara, who has diverted the grievances raised by petitioner in the light of order dated 27.07.2022 passed in C.WJC No. 4198 of 2021 and passed the order of removal of encroachment made by father of petitioner for smooth construction of road which was not the subject matter of proceeding."

2.

After some arguments, 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 suit before the learned Civil Court having competent jurisdiction. Liberty, so sought, is granted. 3.

The writ petition stands disposed off as not pressed. (Mohit Kumar Shah, J) Ajay/- U