Rajeshwar Singh And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19123 of 2015 ====================================================== 1.

Rajeshwar Singh S/o Late Ram Subham Singh 2.

Raj Kumar Singh S/o Late Ram Subham Singh both are residents of village - Dafatharpur, P.S. Doriganj, District - Saran at Chapra. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Commissioner, Saran Division.

3.

The District Magistrate, Saran at Chapra.

4.

The Deputy Collector Land Reforms, Saranat Chapra. 5.

The Circle Officer, Sadar, Saran at Chapra.

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

For the Petitioner/s :

Mr.Vijay Kumar,Adv.

For the Respondent/s :

Mr.Balram Kapri, AC to SC-26 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-03-2023 The present writ petition has been filed seeking the following relief:- "1. That this is an application for issuance of writ in the nature of mandamus to direct the respondents concerned to not encroach the ancestral land of the petitioner for the construction of Primary School building vide Khata No. 241, Survey No.511, Jamabandi No.341, Rakba 2 Katha 19 Dhur which is situated in village Gopalpur, Thana -Doriganj, DistrictSaran at Chapra, whereby and whereunder neither any information nor any opportunity given to the petitioner for

Patna High Court CWJC No.19123 of 2015(2) dt.27-03-2023 2/2 encroachment of the ancestral land to the petitioners earlier which is illegal, malafide and against the eye of law."

Considering the nature of the prayer made in the present writ petition, I deem it fit and proper to grant liberty to the petitioners to avail such other alternative remedies, as are otherwise available under the law.

Accordingly, the present writ petition stands disposed off.

(Mohit Kumar Shah, J) S.Sb/sonalU