Indra Dev Yadav@ Indradeb Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11298 of 2024 ====================================================== 1.

Indra Dev Yadav @ Indradeb Prasad Yadav Son of late Shiva Yadav, Resident of Mohalla-Shaluganj, Police Station- Bihar (Sadar), DistrictNalanda. 2.

Arjun Prasad, Son of late Dhanu Sao@ Late Dharam Sao, Resident of Mohalla- Pakar Tree, Garh Par, Police Station- Bihar, District- Nalanda. 3.

Suresh Mahto @ Suresh Kumar, Son of Kameshwar Mahto, Resident of Mohalla- - Sundargarh Kilapar, Police Station- Bihar, District-Nalanda. 4.

Sunil Kumar, Son of Kameshwar Prasad, Resident of Mohalla- Sabji Bazar Kanoon Gali, Police Station- - Laheri, District- Nalanda. 5.

Pappu Kumar, Son of Kamta Prasad, Resident of Mohalla- Sundargarh, Police Station- Bihar, District- Nalanda.

6.

Jitendra Kumar, Son of Shiv Shankar Prasad, Resident of MohallaRaghopur (Mumaura Dih), Police Station- Bihar, District- Nalanda. 7.

Raj Kumar Choudhary, Son of late Lallu Choudhary, Shiv Nagar, Hatiya, Police Station Bihar, District- Nalanda, All the petitioners at present running shops Civil Court Campus Court, Najarat Nalanda at Biharsharif. ... ... Petitioner/s

Versus

1.

The State of Bihar through the legal Remembrance Department of Law, Government of Bihar, Patna.

2.

The High Court of Judicature at Patna through its Registrar General, Patna High Court at Patna.

3.

The District Judge, Nalanda at Biharsharif.

4.

The Incharge Judge (Administration) Civil Court Biharsharif, DistrictNalanda. 5.

The Registrar Civil Court, Nalanda at Biharsharif. 6.

The Incharge Judge Civil Court, Court Najarat Nalanda at Biharsharif. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Singh, Adv.

For the Respondent/s :

Mr.Mujkabaul Haque, GP-12 For the PHC :

Mr.Satyabir Bharti, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-08-2024

1. The present writ petition has been filed seeking the following relief(s):- "I. For issuance of an appropriate writ(s), order(s),

Patna High Court CWJC No.11298 of 2024(2) dt.06-08-2024 2/2 direction(s) in the nature of Certiorari for quashing the notice issued by the office of Civil Court (Najarat), Biharsharif, Nalanda, under the orders of the learned District and Sessions Judge, Nalanda, vide order dated 20.6.2024, which has been received by the petitioners on 4.7.2024, directing them to vacate the shops within 15 days, on the ground that on some part of the said land of the Civil Court campus, some of the petitioners are running shops since more than 60 years while other petitioners are running shops since 10-25 years and are in peaceful possession of the same."

2. At the outset, the learned counsel for the petitioners seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioners to avail such other alternative remedies as are otherwise available under the law, for redressal of their aforesaid grievances. Liberty so sought is granted.

3. It is needless to state that for a period of two weeks from today, no coercive action shall be taken against the petitioners, in order to enable them to avail such other alternative remedies as are otherwise available under the law.

4. The writ petition stands dismissed.

(Mohit Kumar Shah, J) sonal/- U