Syed Shah Anzar Hussain v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6463 of 2014 ====================================================== Syed Shah Anzar Hussain Son Of Late Syed Shah Ashique Hussain, resident Of Mohalla- Sajjada Nashin, Dargah Shah Arzan P.O. Mahendru, P.S. Sultanganj, District- Patna ... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

The District Magistrate, Patna 3.

The Executive Engineer, Road Construction Department, Gulzarbagh, Division, Patna 4.

The Municipal Commissioner, Patna Municipal Corporation, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satya Ranjan Sinha, Advocate For the State :

Mr. S. D. Yadav, AAG-9 Mr. B. B. Mishra, AC to AAG-9 For the PMC :

Mr. Sanjay Prakash Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-08-2023 1.

The present writ petition has been filed seeking the following relief:- "I. To remove the illegal construction from Municipal Survey Plot No.575, ward no.515 old, New 50 situated in Mohalla Dargah Shah Arzan P.S. Sultanganj, District-Patna in which there is an encroachment of about 40 ft. long from west to East and from North to South at some places 2ft., 1 ft. and 1⁄2 Chaurai forthwith.

II. To grant compensation at

Patna High Court CWJC No.6463 of 2014(5) dt.01-08-2023 2/2 the present market value of the encroached land."

2.

At the outset, 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. Liberty, so sought, is granted.

3.

The writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) kanchan/- U