Dinesh Prasad Choudhary @ Dinesh Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6574 of 2025 ====================================================== Dinesh Prasad Choudhary @ Dinesh Choudhary Son of Late Mishri Lal Choudhary, Resident of Village- Maidapur, P.O.- Sharfuddin, P.S.- Bochahan, District- Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Revenue and Land Reform, Bihar, Patna.

2.

The Divisional Commissioner, Tirhut Range, Muzaffarpur. 3.

The District Magistrate-cum-Collector, Muzaffarpur. 4.

The Additional Collector, Muzaffarpur.

5.

The Sub-Divisional Officer, Muzaffarpur East. 6.

The Deputy Collector, Land Reforms, Muzaffarpur East. 7.

The Circle Officer, Bochahan, Muzaffarpur.

8.

Awadhesh Choudhary, Son of Late Mishri Lal Choudhary, Resident of Maidapur, P.S.- Bochahan, District- Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pradhan Murli Manohar Prasad Mr. Raju Kumar Mr. Abhash For the Respondent/s :

Mr. Vivek Prasad, GP-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-05-2025

1. Heard learned counsel for the petitioner and learned AC to GP-7 for the State.

2. The learned counsel appearing on behalf of the State submits that petitioner has rushed to this Court against the notice issued under Section 6 (2) of Bihar Land Encroachment Act without availing his alternative remedy of appeal against the order passed under Section 6(1) of Bihar Land Encroachment Act. It is further submitted that petitioner has appeared in the

Patna High Court CWJC No.6574 of 2025(3) dt.01-05-2025 2/2 encroachment case and has contested, but then instead of assailing the final order passed under Section 6 (1) of Bihar Land Encroachment Act, the petitioner has moved before this Court assailing the notice issued under Section under Section 6

(1) of Bihar Land Encroachment Act.

3. The learned counsel appearing on behalf of the petitioner is not in a position to rebut the said submission of the learned counsel appearing on behalf of the State, as such, the Court is not inclined to entertain the writ application, as petitioner has alternative remedy of approaching the authorities assailing the order passed under Section 6 (1) of Bihar Land Encroachment Act.

4. Accordingly, the instant writ application is dismissed.

(Satyavrat Verma, J) Rishabh/- U