Sunil Kumar Tiwary v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18497 of 2015 ====================================================== Sunil Kumar Tiwary Son of Late Ramakant Tiwary R/o village-Karkatha, P.S Kateya, District- Gopalganj.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

District Magistrate, Gopalganj.

3.

Superintendent of Police, Gopalganj.

4.

Circle Officer, Kateya in the District of Gopalganj. 5.

Mr. Amit Kumar Singh, Officer-in-Charge, Kateya Police Station, Gopalganj.

6.

Ram Narain Chaudhary Son of Bihari Chaudhary R/O village Karkatha, P.S. Kateya District- Gopalganj.

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

For the Petitioner/s :

Mr.Naresh Dikshit, Advocate For the State :

Mr. M.N.H. Khan, SC-1 Ms. Babita Kumari, AC to SC-1 For the Respondent No. 6 :

Mr. Krishna Chandra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-09-2024 The present writ petition has been filed seeking the following reliefs:- "1. (i) For issuance of appropriate writ/writs in the nature of "Mandamus"

directing and commanding the respondent authorities to ensure compliance of order dated 11/12/2013 passed by the Circle Officer, Kateya in the District of Gopalganj, whereby and whereunder the private respondents have been directed not to encroach upon the pond bearing Khata no. 240, Survey No. 419, Rakba 2.75 Dec. (3

Patna High Court CWJC No.18497 of 2015(3) dt.12-09-2024 2/2 Katha 14 dhur).

(ii) For issuance of appropriate writ/writs in the nature of "Mandamus"

directing and commanding the respondent authorities to treat and maintain the entire area of the aforesaid land as pond since it is a Gairmajuria Malik land, declared as Pokhar, which is being subjected to encroachment by the private respondents."

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 redressal of the aforesaid grievances. Liberty, so sought, is granted.

3.

The writ petition stands disposed off.

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