Shyam Babu Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16689 of 2018 ====================================================== Shyam Babu Sah S/o Baidhnath Sah, R/o Village Jaffarpur, P.S. Sheohar, District-Sheohar.

... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Principal Secretary, Rural Development Department, Government of Bihar, Patna.

3.

The District Magistrate, Sheohar 4.

The Sub-Divisional Officer, Sheohar.

5.

The D.C.L.R., Sub-Divisional Office, Sheohar. 6.

The Circle Officer, Circle Office, Sheohar 7.

The Block Development Officer, Sheohar Block at Sheohar. 8.

The Mukhiya, Gram Panchayat, Khairwadarp District Sheohar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pranav Kumar, Adv.

Mr.Rajeev Ranjan No.II For the Respondent/s :

Mr.Vinay Kriti Singh- Ga2 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-09-2022 Though the present writ petition was filed for directing the Respondent-State to remove the encroachment from the land of the petitioner, appertaining to Khata No. 207, 231, plot no. 370, however, the learned counsel for the RespondentState has filed a supplementary counter affidavit wherein it has been stated that the encroachment has not been made by the Respondent-State, but by the villagers over the private land of the

Patna High Court CWJC No.16689 of 2018(3) dt.08-09-2022 2/2 petitioner, hence, the remedy of the petitioner lies elsewhere.

In such view of the matter, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to avail such other alternative remedies as are available under the law including that of filing appropriate suit. Liberty, so sought, is granted.

The writ petition stands disposed of.

(Mohit Kumar Shah, J) Ajay/- U