Surendra Yadav @ Chhotu Yadav @ Sushant Kumar Surendra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8252 of 2023 ====================================================== Surendra Yadav @ Chhotu Yadav @ Sushant Kumar Surendra Son of Late Jageshwar Yadav, Resident of Village - Noabakhar, Police Station - Kishanpur, District - Supaul, at present residing at Kharail Malhad Punarwas, Police Station - Supaul, District - Supaul.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Water Resources Department, Patna.

2.

The Director, Land Acquisition and Rehabilitation Department, Government of Bihar, Patna.

3.

The District Magistrate, Supaul.

4.

The Rehabilitation Officer, Koshi Project, Supaul. 5.

The Sub Divisional Officer, Supaul.

6.

The Circle Officer, Supaul.

7.

Kamleshwari Yadav, Son of Bhutay Yadav, Resident of Village- Dumariya (Balba), Ward No.08, Post Office - Pipra Khurd, Police Station - Supaul, District - Supaul.

8.

Ganga Yadav, Son of Late Anant Yadav, Resident of Village- Dumariya (Balba), Ward No.08, Post Office - Pipra Khurd, Police Station - Supaul, District - Supaul.

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

For the Petitioner/s :

Mr.Uday Chand Prasad For the Respondent/s :

Mr.Vikash Kumar (Sc11) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-07-2023 The present writ petition has been filed seeking the following reliefs:- "1(i). For issuance of appropriate writ, order, direction in the nature of certiorari for quashing the order dated 10.10.2022 passed by the Collector, Supaul in Encroachment Appeal Case No. 02 of 2021 whereby appeal filed by the petitioner has been dismissed and the Circle

Patna High Court CWJC No.8252 of 2023(2) dt.03-07-2023 2/2 Officer, Supaul was directed to comply of order of Hon'ble High Court.

(ii). For quashing of order dated 22.02.2023, issued by Rehabilitation Project Officer, Koshi Project, Supaul as contained in Letter No. 285 dated 22.2.2023 whereby application filed by petitioner in pursuant to Hon'ble High Court direction passed in C.W.J.C. No. 6432 of 2021 has been rejected without considering the case of the petitioner."

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 including that of filing a suit before the competent Civil Court having appropriate jurisdiction. Liberty, so sought, is granted. The writ petition stands disposed off as not pressed. (Mohit Kumar Shah, J) Ajay/- U