The Bihar Medical And Public Health Employees Association And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8435 of 2014 ====================================================== 1.

The Bihar Medical and Public Health Employees Association District Branch Samastipur:through its District Secretary-Arun Kumar Singh 2.

Arun Kumar Singh S/o Late Kamleshwari Prasad Singh resident of village - Singhia, P.S. - Singhia, District - Samastipur, posted as Basic Health Worker P.H.C. Singhia, P.O. and P.S.- Singhia, District- Samastipur at present District Secretary of the Bihar Medical and Public Health Employees Association District Branch Samastipur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Deputy Director Health Service Medical, Bihar, Patna. 3.

Collector of the District Samastipur.

4.

The Civil Surgeon cum Chief Medical Officer, Samastipur. 5.

The Sub-Divisional Magistrate.

6.

The Anchaladhikari, Samastipur.

7.

Indian Red Cross Society through its Secretary, M.P. Singh Red Cross Bhawan, Samastipur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bijendra Kumar Singh, Advocate For the Respondent/s :

Mr.Roy Shivaji Nath, 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) Certiorari: For quashing the order dated 11.2.14 passed by the Collector of the District-Samastipur in Encroachment Appeal No. 107/2013 (Arun Kumar Singh versus State of Bihar) whereby and whereunder the appeal has been dismissed at the

Patna High Court CWJC No.8435 of 2014(3) dt.08-05-2024 2/2 Admission stage.

(ii) Certiorari: For setting aside entire land encroachment proceeding bearing no. 15/12-2013 including the orders dated 28.02.2013 to 16.05.2013 passed by Anchaladhikari Jitwarpur, District-Samastipur.

(iii)Mandamus: For direction to the respondents to restore the possession of the land in question and construction of Building which has been demolished by the respondents."

2.

At the outset, the learned counsel for the petitioners seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioners to avail such other alternative remedies as are otherwise available under the law, including that of filing a suit before the Ld. Civil Court having competent jurisdiction, for redressal of the aforesaid grievances. Liberty, so sought, is granted.

3.

The writ petition stands disposed off.

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