Ranjit Kumar Sinha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18379 of 2014 ====================================================== Ranjit Kumar Sinha Son of Late Ramnandan Lal Resident of Mohalla - Andar Quila, P.S. - Tekari, District - Gaya.

... ... Petitioner/s

Versus

1.

The State Of Bihar through its Chief Secretary, Patna. 2.

The Commissioner, Magadh Division, Gaya.

3.

The Deputy Inspector General of Police, Magadh Division, Gaya. 4.

The District Magistrate-cum-Collector, Gaya.

5.

The Superintendent of Police, Gaya.

6.

The Sub Divisional Officer, Tekari, Gaya.

7.

The Circle Officer, Tekari, Gaya.

8.

The Officer-in-charge of Tekari Police Station at Gaya. 9.

Anand Prakash Arya 10.

Udai Prakash Arya Both Sons of Bhola Nath Arya 11.

Sudha Devi @ Indu Dev Wife of Udai Prakash Arya, Sl. Nos. 9 to 11 are resident of Mohalla - Andar Quila, P.S. - Tekari, District- Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar Jha For the Respondent/s :

Mr.Kinkar Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-05-2024 The present writ petition has been filed seeking the following reliefs:- "1(i). For issuance of appropriate writ/s, direction/s and order/s in the nature of "mandamus" directing the respondents concerned specially the D.M., Gaya (respondent no.-4), S.P., Gaya (respondent no.-5) to get the petitioner's land in question free from unauthorized & illegal occupation of tresspassers- the respondents 2nd set in the light

Patna High Court CWJC No.18379 of 2014(2) dt.15-05-2024 2/2 of memo no.-487 dated 9.4.2008 (Annexure-5) issued by the S.D.O., Tekari, Gaya (respondent no.- 6) in which the C.O., Tekari Gaya (respondent no.-7) has been directed to take necessary steps regarding vacating unauthorised occupancy over the petitioner's land in question. (ii). For issuance of appropriate writ/s, direction/s and order/s in the nature of "mandamus" directing the respondents concerned specially the D.M., Gaya (respondent no.-4), S.P., Gaya (respondent no.-5) to provide adequate security to the petitioner and his family members during further construction works of residential house/building over the petitioner's land in question."

2.

After some arguments, 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 including that of filing a suit before the learned Civil Court having competent jurisdiction. Liberty, so sought, is granted. 3.

Accordingly, the writ petition stands disposed off. (Mohit Kumar Shah, J) Ajay/- U