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Patna High CourtCWJC/18767/2015dismissed

Smt. Kamini Devi v. The State Of Bihar And ORS

2023-06-21Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18767 of 2015 ====================================================== Smt. Kamini Devi Wife of Sri Shyam Kishore Sinha Resident of VillageZindepur, P.O. Rajoura, P.S. Mufassil District- Begusarai. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary Urban Development Department, Govt. of Bihar, Patna.

2.

The Collector , Begusarai.

3.

The Municipal Commissioner, Begusarai Municipal Corporation at Begusarai.

4.

The Addl. Municipal Commissioner, Begusarai Municipal Corporation at Begusarai.

5.

Vijay Shankar Sinha 6.

Ram Narain Sinha Both are sons of Munshi Lal Sinha Both are Resident of ward no. 43, Baank Bishanpur, P.S. and District Begusarai. 7.

Kaushal Pd. Sinha S/o not known Resident of Village- Bihanpur Bahere, P.S. and District Begusarai.

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

For the Petitioner/s :

Mr.Ram Sumiran Singh, Advocate For the Respondent/s :

Mr.- Ashok Priyadarshi, Ga4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-06-2023 The present writ petition has been filed seeking the following relief:- "1. That this application is for issuance of writ of Mandamus or any other appropriate writ, order or direction to take immediate action to remove the illegal Construction encroached the way which passed in front of the house of the petitioner by the respondent no. 5 to 7 in view of the order dt. 30. 9.

Patna High Court CWJC No.18767 of 2015(4) dt.21-06-2023 2/2 14 passed by the respondent no. 3 (Contained in Anexure-3)"

After some arguments, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law, including that of approaching the learned civil Court having competent jurisdiction by filing appropriate civil suit. Liberty so sought is granted.

The writ petition stands dismissed.

(Mohit Kumar Shah, J) Saurav/- U