Patna High CourtCWJC/14144/2014disposed

Suresh Prasad Kushmakar v. The State Of Bihar And ORS

2023-02-28Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14144 of 2014 ====================================================== Suresh Prasad Kushmakar, son of Late Bhuneshwar Prasad, resident of Village: Morama, P.S: Roh, District: Nawadah. ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Panchayati Raj Department, Govt. of Bihar, Patna.

2. The Commissioner, Magadh Division, Gaya.

3. The District Magistrate, Nawadah.

4. The Deputy Development Commissioner, Nawadah.

5. The District Panchayat Raj Officer, Nawadah.

6. The Block Development Officer, Roh, District: Nawadah.

7. The Circle Officer, Roh, District: Nawadah. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amar Nath Singh, Adv.

For the Respondent/s :

Mr.Sunil Kr. Mandal, SC-3 Mr. Bipin Kumar, AC to SC-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-02-2023 The present writ petition has been filed seeking the following relief:- "1. That this is an application for issuance of an appropriate writ, order or direction, quashing the order dated 15.07.14 contained in memo no. 1414 dated 17.07.14 issued by the D.D.C., Nawadah (Respondent no. 4), whereby and whereunder the construction of Rajeev Gandhi Seva Kendra (MNREGA Bhawan) has been shifted from the land bearing Khata No. 341, Plot No. 1923 area 1.22 acres under Gram Panchayat, Morma to

Patna High Court CWJC No.14144 of 2014(2) dt.28-02-2023 2/2 the land bearing Khata No. 341, Plot No.

3068, area 0.57 acres holding that Plot No.

1932 is a "Asmashan" which is contrary to the revenue record and accordingly directed to construct MNREGA Bhawan over the plot no. 3068.

Further direct the respondents to construct MNREGA Bhawan over plot no.

1923 where MNREGA Bhawan was to be constructed.

And for any other relief/relief(s) for which the petitioner is found entitled in the facts and circumstances of the case."

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 available under the law. Liberty, so sought, is granted.

The writ petition stands disposed off as not pressed.

(Mohit Kumar Shah, J) Ajay/- U