Kumar Shailendra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9035 of 2024 ====================================================== Kumar Shailendra Son of Late Ram Ran Vikat Prasad Singh Resident of Village- Bhawani Tola P.O.- Rampur, P.S.- Maner, District- Patna, Bihar801108. Presently at Jagat Narayan Road, PS- Kadam Kuan, Patna- 800003. ... ... Petitioner/s

Versus

1.

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

The Collector-cum-District Magistrate, Patna at Patna. 3.

The Inspector General Registration Bihar, Government of Bihar, Patna. 4.

The Registrar, Land Registration Department Government of Bihar, Chajju Bagh, Patan- 1.

5.

The Rural Superintendent of Police Patna at Patna. 6.

The Circle Officer, Maner Anchal, District-Patna- 801108. 7.

The S.H.O. Maner Police Station, District- Patna. 8.

Mr. Jay Prakash Son of Late Ram Ran Vijay Prasad Singh, Resident of Village- Bhawani Tola, P.O.- Rampur, P.S.- Maner, District- Patna-801108, Presently residing at - Building No. 26, Flat No 502, 5th Floor, Sector No54,56,58, NRI Complex, South Estate, Nerul Navi Mumbai- 400706, Mobile No. 8084528858 9.

Mr. Chandrashekhar Kumar Son of Mr. Ram Ikbal Rai Resident of P.O.- Haldi Chapra, Dhajwa Tola P.S.- Maner, District- Patna, PIN- 801108. Mobile No. 9934429651.

10.

Mr. Ratnesh Kumar Singh Son of Satya Narayan Singh Resident of Brajnandan Nagar, P.O and P.S.- Maner, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashutosh Singh, Adv.

For the Respondent/s :

Mr. Anirban Kundu, SC-24 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-07-2024 The present writ petition has been filed seeking the following reliefs:- "1(i). For commanding the Respondent authorities to take action to save the Govt. Land bearing Khata No. 1257, Plot No. 2136, situated at village Bhawani Tola, Mauza-Kita Chauhatar,

Patna High Court CWJC No.9035 of 2024(2) dt.25-07-2024 2/3 Revenue Thana No 6, P.S. -Maner, DistrictPatna, from the private respondents or the land grabbers.

(ii). For directing the respondent authorities to restrain the respondent No.9 and 10 from capturing / encroaching the Govt land Khata No. 1257, Plot No 2136, situated at village Bhawani Tola, Mauza Kita Chauhatar, Revenue Thana No. 6, P.S. Maner, District-Patna in view of the alleged sale deed no.12820 dated 22.08.2022.

(iii). For direction to the respondent No.2 the District Magistrate Patna to hold an enquiry and take appropriate steps for cancellation of sale deed no.12820 dated 22.08.2022 executed by respondent No.8 in favour of respondent No. 9 & 10 with respect to the govt. land which acquired by District Magistrate Patna in land Ceiling Case No. 130/1973- 74.

(iv). For directing the concerned respondent authorities to hold an inquiry and after finding the guilt, take action against the concerned erring officials and punish them accordingly and further order to institute an F.I.R. against the private respondents' No. 8, 9 and 10 under relevant sections of Indian penal code."

2.

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

Patna High Court CWJC No.9035 of 2024(2) dt.25-07-2024 3/3 alternative remedies as are otherwise available under the law including that of filing a suit before the learned Civil Court having competent jurisdiction. Liberty, so sought, is granted. 3.

Accordingly, the writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) Ajay/- U