Jagnnath Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14383 of 2022 ====================================================== Jagnnath Prasad S/o Late Rambhuj Mahto, Resident of Village-Godhwa Pataura, P.S. Muffasil Motihari, District-East Champaran, At present Chairman, District Panchayat Seva Samiti, Godhwa. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Department of Panchayat Raj, Bihar, Patna. 3.

The District Magistrate, East Champaran, District-East Champaran. 4.

The Sub-Divisional Public Grievance Redressal Officer, Sadar, Motihari, District-East Champaran.

5.

The Circle Officer, Motihari, Anchal Motihari, District-East Champaran. 6.

Sanjay Thakur, S/o Late Paras Thakur, Resident of Village-Godhwa, Pataura, P.S. Muffasil Motihari, District-East Champaran. 7.

Vijay Thakur, S/o Late Paras Thakur, Resident of Village-Godhwa, Pataura, P.S. Muffasil Motihari, District-East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vishwa Mohan Kumar Sinha For the Respondent/s :

Mr.Ajay ( Ga 5) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-05-2023 The present writ petition has been filed seeking the following reliefs:- "1(i). Issuance of a direction/order/writ including writ in the nature of a writ of Mandamus Commanding the respondents to remove the encroachment over the land pertaining to Thana No. 203, Khata No.83, Khesra No.293 by Private Respondent No.6 and 7 who illegally have erected double storied house over the above said land and have encroached public land situated near

Patna High Court CWJC No.14383 of 2022(2) dt.09-05-2023 2/2 Government Community Hall. Primary Health Centre causing inconvenience to the General Public and despite the several representations filed with the concerned authority, they failed to remove the encroachment made by the private respondent.

(ii) Issuance of a direction/order or writ including writ in the nature of a writ of Mandamus Commanding the Respondents to get vacated the land encroached by the private Respondents who have illegally encroached the public land by erecting pucca house (2 manjila). 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. Liberty, so sought, is granted.

The writ petition stands dismissed as not pressed. (Mohit Kumar Shah, J) Ajay/- U