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Patna High CourtCWJC/8781/2014disposed

Satyendra Kushwaha v. The State Of Bihar And ORS

2024-05-08Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8781 of 2014 ====================================================== Satyendra Kushwaha Son of Sri Ramakant Kushwaha resident of village - Harpur Anchal - Vijaipur, District - Gopalganj ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Collector cum District Magistrate Gopalganj 3.

The Additional Collector, Gopalganj 4.

The D.C.L.R. Hathua District - Gopalganj 5.

The Sub Divisional Officer, Hathua, District - Gopalganj 6.

The Circle Officer, Vijaipur, District - Gopalganj 7.

The Anchal Amin, Vijaipur District Gopalganj 8.

The Halk Karachari Anchal Vijaipur Gopalganj 9.

The Zila Mantri Bhudan Yagya Committee Gopalganj 10.

Subhash Chandra Sharma son of Late Parma Nand Lohar @ Parma Nand Sharma Resident of Village - Harpure, P.S. Vijaipur, District - Gopalganj ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Naresh Prasad, Advocate For the State :

Mr. Gyan Prakash Ojha, GA-7 For the Respondent No. 10 :

Mr. Nityanand Mishra, Advocate Mr. Alok Abhinav, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-05-2024 The present writ petition has been filed seeking the following reliefs:- "1.

(i) For a direction to the respondents to cancel the Bhudan Certificate No. 1507 dated 18-7-1975 issued by Bhudan Yagya Committee in favour the father of Private Respondent No.10 regarding Khata No.

49 Survey No. 315 area No. 03 decimal

Patna High Court CWJC No.8781 of 2014(4) dt.08-05-2024 2/3 out of 1.85 Decimal mentioned in Khatian as Gairmazarua Malik Pokhar Survey No. 204 area 7 decimal out of 1-16 decimal situated at Mauza Harpur Anchal Vijaipur District Gopalganj.

(ii) For a direction to the respondents to cancel Zamabandi No. 162 created in the name of father of private respondent No.10 vide case No. 11/8889 by D.C.L.R. Gopalganj without any approval of the Khata No. 49 survey No.315 and survey No. 204 by the competent authority which is used by Public.

(iii) For issuance of an appropriate writ(s) order(s), direction / directions for restraining the private Respondent no.10 to fill up the aforesaid land by soil and make any construction over the aforesaid land and pass any other order/orders,direction /directions as your Lordships may deem fit proper in the facts and circumstances of the case."

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, for

Patna High Court CWJC No.8781 of 2014(4) dt.08-05-2024 3/3 redressal of the aforesaid grievances. Liberty, so sought, is granted.

3.

The writ petition stands disposed off as not pressed.

(Mohit Kumar Shah, J) S.Sb/- U