Amarendra Kumar Srivastava v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15563 of 2018 ====================================================== Amarendra Kumar Srivastava Son of Arindra Kishore Prasad, Resident of Purani Gudari Patel, Ward No. 9, P.O. and P.S. Bettiah, District- West Champaran at Bettiah.

... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Land Reforms and Revenue Department, Government of Bihar, Patna.

3.

The District Magistrate, West Champaran at Bettiah District- West Champaran at Bettiah.

4.

The Additional Collector, Bettiah, District- West Champaran at Bettiah. 5.

The Deputy Collector Land Reforms, Bettiah, District- West Champaran at Bettiah.

6.

The Circle Officer, Bettiah, District- West Champaran at Bettiah. 7.

The Manager, Bettiah Raj Bettiah, P.O. and P.S.- Bettiah District- West Champaran at Bettiah.

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

For the Petitioner/s :

Mr.Shailendra Kr. Singh, Adv.

Mr.Ukarsha Utpal, Adv.

MrUtkarsha Bhushan, Adv.

Mrs.Anita Kumari, Adv.

Mr.Shashi Bhushan Kumar Mangalam, Adv.

For the Respondent/s :

Mr.Dhurjati Kr. Prasad, GP-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-09-2024

1. The present writ petition has been filed seeking the following relief(s):- "1.(I) For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent Authorities not to interfere with the peaceful possession of the petitioner on the land of Bettiah Raj, which was allotted in the name of petitioner's mother vide registered agreement dated

Patna High Court CWJC No.15563 of 2018(3) dt.25-09-2024 2/3 08.06.1990 by the Manager of, Bettiah Estate. (II) For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent No.3 to hold an enquiry about the rain of terror created by the Respondent no.5 on the house /land of the petitioner on 31.07.2018 in which the Respondent no.5 exceeded his jurisdiction and had bulldozed major portion of the house in which petitioner's family was residing,had broken the four wheeler car standing in front of the petitioner's house, had beaten the minor nephew of the petitioner, who was not prepared to give his bicycle to the Respondent no.

5 and his men to be broken up and had manhandled even the female members of the family saying that since Sri Pathak is to arrive at Bettiah in the next week, he cannot grant any time to the family of the petitioner even to vacate the house in which they are residing since 1990 and to direct the Respondents to compensate the petitioner and his family for all the losses which they have sustained because of illegal acts of Respondent no.5."

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, for redressal of his aforesaid grievances. Liberty so sought is granted.

3. At this juncture, the learned counsel for the

Patna High Court CWJC No.15563 of 2018(3) dt.25-09-2024 3/3 petitioner seeks interim protection for a period of eight weeks from today, in order to avail such remedies as are otherwise available under the law.

4. Accordingly, I deem it fit and proper to direct that for a period of eight weeks from today, status quo, existing as on today qua the land/house of the petitioner in question, shall be maintained in order to enable the petitioner to avail such other alternative remedies as are otherwise available under the law.

5. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) sonal/- U