Shambhu Sharma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2953 of 2014 ====================================================== Shambhu Sharma S/O Late Indradeo Sharma Resident Of Mohalla- Gudri Bazar, Salaptganj, P.S.- Bhagwan Bazar, District- Saran ... ... Petitioner/s

Versus

1.

The State Of Bihar through the District Magistrate, Chapra, Saran 2.

The District Magistrate, Chapra, Saran 3.

The Executive Officer, Chapra Nagar Parisad, Chapra, Saran 4.

The Sub-Divisional Magistrate, Chapra, Saran 5.

The Executive Engineer, District Urban Development Agency, Chapra 6.

Mr. Raghunath Tiwari, The Circle Officer, Sadar Chapra 7.

Mr. Hareram Sah S/O Late Bhagwan Sah Resident Of Mohalla- Gudri Bazar, Salaptganj, P.S.- Bhagwan Bazar, District- Saran ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Kumar Singh For the Respondent/s :

Mr.Tej Bahadur Singh For the Respondent No. 7 :

Mr. Gyan Prakash Ms. Parul Priya ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-05-2024 The present writ petition has been filed seeking the following relief:- "1. That this is a writ petition on behalf of the Petitioner for issuance of a writ of mandamus and prohibition or writs in the nature thereof or any other appropriate commanding writs/orders/directions for commanding the respondents to stop construction of 10 feet wide PCC road in the East and North side over the part of the raiyati land of the petitioner comprised in Plot No.429 situated in Ward No.8 Gudri Bazar, Salaptganj, in Chapra Town. In alternative, if

Patna High Court CWJC No.2953 of 2014(5) dt.01-05-2024 2/2 such illegal construction is completed in the mean time then for restoration of the part of the raiyati land after removing the PCC road constructed over it during pendency of the writ petition."

2.

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

3.

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