Mohammad Jahagir Alam v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7823 of 2014 ====================================================== Mohammad Jahagir Alam Son of Abdul Gaffar Resident of VillageManikpur, P.S- Pupari, District- Sitamarhi. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate, Sitamarhi.

3.

The Sub- divisional Officer, Pupari, District- Sitamarhi. 4.

That Block Development Officer, Pupari, District- Sitamarhi. 5.

The Circle Officer,Pupari, District- Sitamarhi. 6.

The Panchayat Secretary of Panchayat Gangati, P.S- Pupari, DistrictSitamarhi. 7.

The Mukhiya of Panchayat Gangati, P.S- Pupari, District- Sitamarhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar Mishra For the Respondent/s :

Mr.S.Raza Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-06-2024 The present writ petition has been filed seeking the following relief:- "1. That this is an application on behalf of the petitioner for issuance a writ, order or direction in the nature of mandamus Commanding the respondents to restrain the construction of road in the land of petitioner and not interfere with right, title, Possession of the petitioner over the land in Question and to give direction to concern authorities to take appropriate action against the respondent no. 6 and 7 and/ or be pleased to issue a writ order, direction for which petitioner is entitled to."

Patna High Court CWJC No.7823 of 2014(5) dt.19-06-2024 2/2 2.

At the outset, the learned counsel for the RespondentState submits, by referring to the counter affidavit, filed in the present case that the land in question is a Bihar Government Sarvasadharan land and a PCC road is existing over the same, hence, the present writ petition is devoid of any merit. 3.

The aforesaid aspect of the matter has not been controverted by the petitioner, inasmuch as no rejoinder affidavit has been filed.

4.

Nonetheless, I deem it fit and proper to dispose off the present writ petition with liberty to the petitioner to avail such other alternative remedies as are otherwise available under the law for redressal of his subsisting grievances, if any, in accordance with law.

(Mohit Kumar Shah, J) Ajay/- U