Jagdish Thakur v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10754 of 2015 ====================================================== Jagdish Thakur Son of Mishrilal Thakur, Resident of VillageP.O.- Phulparas, Police Station- Phulparas, District- Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Chief Secretary, Bihar, Patna. 2.

The Commissioner Darbhanga Division, Darbhanga. 3.

The Collector, Madhubani.

4.

The Sub-Divisional Officer, Phulparas, District- Madhubani. 5.

The Block Development Officer, Block- Phulparas, District- Madhubani. 6.

The Circle Officer, Block- Phulparas, District- Madhubani. 7.

The Project Director, National Highway Authority, House No.5/0, Sri S.S. Mishra, Ward No.10, Professor Colony, Dighi (West), Darbhanga, Pin Code846004. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Kumar Yadav, Adv.

For the Respondent/s :

Mr.Satyadeo Kumar, SC-5 Mr.Sanjay Kumar, AC to SC-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-08-2024

1. The present writ petition has been filed seeking the following relief(s):- "1.(i) For issuance of an appropriate order, directions or writ in the nature of Certiorari, for quashing Memo No. 3XI dated 29.06.2015 whereby and whereunder notice has been issued in pursuance of CWJC No. 396/2014 (Siya Ram Takur Versus The State of Bihar and others) by Circle Officer, Phulparas District- Madhubani, directing the petitioner to vacate the encroached land which has been acquired by National Highway (Ν.Ν.)-57 relating Khesra No. 496 and 497."

Patna High Court CWJC No.10754 of 2015(4) dt.21-08-2024 2/2

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, including that of filing a suit before the learned Civil Court having competent jurisdiction for redressal of his aforesaid grievances. Liberty so sought is granted.

3. The writ petition stands dismissed.

(Mohit Kumar Shah, J) sonal/- U