Shambhu Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10550 of 2024 ====================================================== Shambhu Kumar Singh, S/o Sri Nageshwar Singh, R/o Village and P.O.-Tedhi Bazaar (Baluahi), P.S.-Mohiuddin Nagar, District- Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar through Additional Chief Secretary, Revenue and Land Reforms Department.

2.

Additional Chief Secretary, Revenue and Land Reforms Department, Patna, Bihar.

3.

Collector, Samastipur.

4.

Anchal Adhikari, Mohiuddin Nagar, District-Samastipur. 5.

Vinod Mahto, S/o Late Jagdish Mahto, P.O. and P.S.-Mohiuddin Nagar, District- Samastipur.

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

For the Petitioner/s :

Mr. Shrinandan Prasad Singh, Sr. Advocate Mr. Kumar Sameer, Advocate For the Respondent/s :

Mr. Advocate General ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 18-07-2024 The petitioner is concerned with the encroachment on a public road.

2. The learned Counsel for the petitioner submits that the petitioner had approached the Authority under the Bihar Public Land Encroachment Act, 1956, but such proceedings were closed in the year 2021 with the observation that it will be revived, if the encroachment continues. The petitioner has not challenged that order nor has the petitioner sought for revival

Patna High Court CWJC No.10550 of 2024(2) dt.18-07-2024 2/2 before the Authority under the Bihar Public Land Encroachment Act, 1956.

3. We are of the definite opinion that no Public Interest Litigation can be maintained when there is alternate remedy available and availed.

4. The writ petition stands dismissed.

(K. Vinod Chandran, CJ) (Partha Sarthy, J) avinash/- U