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Patna High CourtCWJC/9513/2023dismissed

Pramila Singh v. The State Of Bihar

2023-08-01Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9513 of 2023 ====================================================== 1.

Pramila Singh Wife of Anil Singh, Mohalla-Shivpuri, Road No.1, Adjacent to Nala Patna, P.O-Shashtri Nagar, Police-Station-Shashtri Nagar, DistrictPatna. 2.

Bimal Kumar Son of Satya Narayan Mishra, Mohalla-Shivpuri, Road No.1, Adjacent to Nala Patna, P.O-Shashtri Nagar, Police-Station-Shashtri Nagar, District- Patna.

3.

Arun Kumar Mishra Son of Satya Narayan Mishra, Mohalla-Shivpuri, Road No.1, Adjacent to Nala Patna, P.O-Shashtri Nagar, Police-Station-Shashtri Nagar, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Secretary, the land Reform and Revenue Department Government of Bihar, Patna.

2.

The Divisional Commissioner, Patna Division, Patna. 3.

The District Magistrate, Patna.

4.

The Deputy Collector, Land Reform, Patna Sadar, Patna. 5.

Capt.Rajesh Kumar, Resident of Mohalla -East Mahesh Nagar, Mitranya 444, P.S -Patliputra, District -Patna.

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

For the Petitioner/s :

Mr.Dhaneshwar Prasad Gupta, Advocate For the Respondent/s :

Mr.Sajid Salim Khan (SC 25) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-08-2023 1.

The present petition has been filed seeking the following relief :- "(i) For issuance of the appropriate writ/writs, order/orders or direction/ directions for quashing the order, dated 09.02.2023 passed by the Hon'ble Chairman, The Bihar Land Tribunal, Patna

Patna High Court CWJC No.9513 of 2023(2) dt.01-08-2023 2/3 in B.L.T. Case No.182/2016, whereby and whereunder the Hon'ble Tribunal was pleased to set-aside the order dated 28.01.2016 passed by the learned Commissioner, Patna Division, Patna in Land Dispute Case No.633/2014 and 21/2015 and the District Magistrate, Patna is directed to take appropriate steps for compliance of order passed by Hon'ble High Court in C.W.J.C.N.18093 of 2013 dated 19.09.2013. C.W.J.C.No.3901 of 2014 with 1.A.No.6255 of 2014 with I.A. No.7130 of 2014 dated 19.09.2014 and C.W.J.C.

No.5340 of 2015 dated 22.07.2015 for removal of encroachment done by private opposite party nos.5 to 7 after giving proper notice and take appropriate steps to remove the encroachment (demolition of four shops of Karkat), as per order passed by the Hon'ble High Court within three months from the date of receipt of this order."

2.

At the outset, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to avail such other alternative remedies, as are otherwise available under the law for redressal of their grievance including that of approaching the learned civil court having competent

Patna High Court CWJC No.9513 of 2023(2) dt.01-08-2023 3/3 jurisdiction. Liberty so sought, is granted.

3.

The writ petition stands dismissed as not pressed. (Mohit Kumar Shah, J) rinkee/- U