Upendra Narayan Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10495 of 2018 ====================================================== Upendra Narayan Singh Son of late Daroga Singh Resident of VillageRamdiri, Lover Chak Tola, P.S. Matihani, District- Begusarai at Present Bari Pokhar, near L.I.C. Office, Ward No. 36, P.S. Sadar Begusarai, DistrictBegusarai. ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
The District Collector, Begusarai.
3.
The Sub Divisional Officer, Begusarai.
4.
The Block Development Officer, Matihani, District- Begusarai. 5.
The Executive Engineer, N.R.E.P. Begusarai.
6.
The Assistant Engineer, N.R.E.P. Begusarai.
7.
The Junior Engineer, N.R.E.P, Begusarai.
8.
The Panchayat Secretary, Ramdiri Gram Panchayat-2, Block Matihani, District- Begusarai.
9.
The Mukhiya, Ramdiri Gram Panchayat-2, Block Matihani, DistrictBegusarai. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nawal Kishore Singh, Advocate Mr. Shri Nandan Prasad Singh, Advocate Ms. Prakritita Sharma, Advocate For the State :
Mr.Kameshwar Pd. Gupta, GP-10 Mr. Satya Vrat, AC to GP-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-08-2022 Though the present writ petition has been filed to remove the encroachment made over the private land of the petitioner, however, considering the fact that the road in question was constructed way back in the year 2004-05, and the petitioner had never approached this Court earlier, there is possibility that right of easement might have accrued in the meantime, hence the learned senior counsel for the petitioner
Patna High Court CWJC No.10495 of 2018(3) dt.30-08-2022 2/2 seeks liberty on behalf of the petitioner to avail such other alternative remedies as are available under the law including approaching competent Civil Court having appropriate jurisdiction, however, submits that it be observed that in case any issue of limitation arises, the same shall be dealt with sympathetically.
Having regard to the limited prayer made by the learned senior counsel for the petitioner, I deem it fit and proper to dispose off the present writ petition with liberty to the petitioner to avail such other alternative remedies as are available under the law for redressal of grievances of the petitioner and in case appropriate remedy is availed within a period of four weeks from today, this Court directs that the issue of limitation shall not stand in the way of the petitioner. (Mohit Kumar Shah, J) S.Sb/- U