Kranti Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6959 of 2023 ====================================================== Kranti Kumari Wife of Ravindra Kumar Resident of Village-Near Middel School, Bhawanipur, Jagdishpur, P.S.- Jagdishpur, District- Bhagalpur ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Patna, Bihar 2.

The District Magistrate Bhagalpur 3.

The Circle Officer Jagdishpur Sadar, Bhagalpur 4.

The Thana-in-charge Jagdishpur, Bhagalpur 5.

Satya Narayan Panjiyar Son of Late Tej Narayan Panjiyar Resident of Village-Near Middel School, Bhawanipur, Jagdishpur, P.S.- Jagdishpur, District- Bhagalpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajiv Ranjan Kr. Pandey, Adv.

For the Respondent/s :

Mr.Rishi Raj Sinha ( SC- 19 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-11-2023

1. The present writ petition has been filed seeking the following reliefs:- "1/A. That this application is being filed for issuance of a writ in the nature of Mandamus commanding and directing the respondents authority to remove the encroachment over the Government land bearing Khata No-168, Khasara No-1046 & 1133 total area measuring about 0.04 Decimal, of villageBhawanipur Deseri, P.S.-Jagdishpur, AnchalJagdishpur Sadar, District-Bhagalpur, the nature of the said land is "Gair Majarua Aam & Rasta". And further, stop respondent no-5 from not constructing the boundary wall of the said land to block the road

Patna High Court CWJC No.6959 of 2023(2) dt.07-11-2023 2/2 of the petitioner which is the only way to 'exit' the petitioner from her residential house. The said land was mentioned in the government record as Old Khata No-131 & 132, Old Khesra No-965 & 20 total area of the land is about 0.59 Decimal & 0.06 Decimal and the nature of the land is mentioned as 'Gar Majarua Malik' & 'Gar Majarua Aam' and 'Parti Kadim' & 'Rasta' respectively, presently villagers including the petitioner are using the said land for the purpose of 'Rasta'."

2. At the outset, 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 for redressal of her aforesaid grievances. Liberty so sought is granted.

3. The writ petition stands dismissed as not pressed. (Mohit Kumar Shah, J) sonal/- U