Bharat Bhushan Choudhary v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19681 of 2014 ====================================================== Bharat Bhushan Choudhary son of Biranchi Choudhary, resident of VillagePadhwara, P.O.-Padhwara, P.S.- Tarapur, District- Munger. ... ... Petitioner/s

Versus

1. The State Of Bihar through the District Magistrate, Munger.

2. The Executive Engineer, Rural Works Department, Word Division Kharagpur, Tarapur, Munger.

3. The Sub-divisional Officer, Tarapur, Munger.

4. The Block Development Officer, Tarapur, Munger.

5. The Circle Officer, Tarapur, Munger.

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

For the Petitioner/s :

Mr.Anjani Kumar Jha, Advocate Mr. Puja Kumari, Advocate For the Respondent/s :

Mr.Pandey S Sahay, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-07-2024 The writ petition has been filed seeking the following reliefs:- "1. (I) For issuance of writ in the nature of mandamus for commanding the state respondents to stop the construction of the road under the Prime Minister Village Road Scheme on the land belongs to the petitioner and other co-villagers by deviating the construction of road from its original alignment as there is encroachment on the government land which is marked in Khayitan as the Aam Rasta.

(II) For issuance of writ in the nature of mandamus for commanding the State respondents to remove the part of road which is under construction on the land of petitioner and other co-villager and ensure that there is no unlawful

Patna High Court CWJC No.19681 of 2014(6) dt.24-07-2024 2/2 interference by the respondents and anybody else in petitioner's enjoyment of his right to property regarding the lands in question.

III. For issuance of writ in the nature of mandamus for directing the respondents concerned to hand over the possession of the land in question to the petitioner after removing the partly constructed road by respondents under the scheme of Prime Minister Village Road. IV. For issuance of writ in the nature of mandamus for directing the respondents concerned to ensure there is no unlawful interference in the peaceful possession as well as right, title and interest of the petitioner. V. For issuance of writ in nature of mandamus to adequately compensating the petitioner for the arbitrary and unlawful action of the state."

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 approach the District Magistrate, Munger, for redressal of his subsisting grievances, if any. Liberty, so sought, is granted.

3.

The writ petition stands disposed off.

(Mohit Kumar Shah, J) kanchan/- U