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Patna High CourtCWJC/13397/2013disposed

Institutions Of A Public Character v. The State Of Bihar And ORS

2019-05-06Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13397 of 2013 ====================================================== Institutions Of A Public Character Having Its Registered Office Of Mohalla - Saket Puri, South Of Bazar Samiti, Post - Rajendra Nagar, P.S. - Bahadurpur, District - Patna, Through Its Secretary Md. Rizwan, S/O Late Umar Daraj, R/O Mohalla - Kumhar Toli, Kankarbagh Main Road, P.S. - Kankarbagh, District - Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, General Administration Department Home Government Of Bihar, Patna 3.

The Principal Secretary And Rehabilitation Department, Government Of Bihar, Patna 4.

The Principal Secretary Disaster Management Department Government Of Bihar, Patna 5.

The Principal Secretary-Land Reforms And Revenue Department, Government Of Bihar, Patna 6.

The Commissioner, Darbhanga Division, Darbhanga 7.

The District Magistrate, Samastipur 8.

The Sub-Divisional Officer, Patori, Samastipur 9.

The Circle Officer, Mohiuddin Nagar, District - Samastipur 10.

The Officer Incharge Police Station - Mohiuddinnagar, District - Samastipur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surendra Kumar Mishra For the Respondent/s :

Mr.Ajay ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-05-2019 Having regard to the nature of relief prayed by the writ petitioner, the writ petition is disposed of with liberty to the petitioner to first explore remedy available under the common law or forum available for redressal of such grievance against encroachment of road or public land either under section 133 of

Patna High Court CWJC No.13397 of 2013(6) dt.06-05-2019 2/2 the Cr.P.C. or under the provisions Bihar Public Land Encroachment Act.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U