Vishwesh Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8117 of 2024 ====================================================== Vishwesh Choudhary Son of Late Jagdish Choudhary, Resident of 1, Adarsh Colony, Sri Krishna, P.S.- Budhha Colony, Patna-800001. ... ... Petitioner/s

Versus

1.

The State of Bihar Through District Magistrate, Saharsa. 2.

The Superintendent of Police Saharsa.

3.

S.H.O. Darhar, O.P., Saharsa.

4.

District Land Acquisition Officer Saharsa.

5.

The Sub Divisional Officer Saharsa Sadar, Saharsa. 6.

The Circle Officer Nauhatta, Saharsa.

7.

The Managing Director Bihar Police Construction Corporation, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rakesh Kr. Sharma Mr. Amresh Kumar For the Respondent/s :

Mr. Anil Kumar Singh, GP-26 For BPBCC :

Mr. Prasoon Sinha, Sr. Advocate Mr. Prabhat Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-01-2025

1. Heard learned counsel for the petitioner, learned AC to GP-26 and the learned Senior counsel, Mr. Prasoon Sinha, appearing on behalf of the respondent no. 7.

2. The learned counsel appearing on behalf of the State, at the outset, raises an objection with regard to the maintainability of the writ application. It is submitted that petitioner is seeking a writ of mandamus, but then from perusal of the pleadings made in the writ application, it would manifest that the petitioner has rushed to this Court without approaching

Patna High Court CWJC No.8117 of 2024(2) dt.27-01-2025 2/2 the authorities when the basic principles for issuing a writ of mandamus is demand and refusal, on which the learned counsel appearing on behalf of the petitioner seeks permission to withdraw the writ application with liberty to move before the authority competent for redressal of his grievance as raised in the instant writ application.

3. Permission is accorded.

4. Accordingly, the instant writ application is dismissed as withdrawn with the liberty aforesaid. (Satyavrat Verma, J) Rishabh/- U