Sripati Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15315 of 2022 ====================================================== Sripati Singh S/o Late Sadaram Singh Resident of Village Tajpur, Ward No.- 21, P.S. and Anchal office Barahiya, District- Lakhsarai. ... ... Petitioner/s
Versus
1.
The State of Bihar Through the Collector, Lakhisarai. 2.
The Collector, Lakhisarai.
3.
Anchal Adhikari, Barahiya Anchal, P.S.- Barahiya, Dist.- Lakhisarai. 4.
Pawan Kumar Singh, S/o Biro Singh Resident of Village- Tajpur, ward no.- 21, P.S. and Anchal Office Barahiya, Dist.- Lakhisarai. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Madan Prasad Singh No.2, Advocate For the Respondent/s :
Mr.Md. Khurshid Alam ( Aag 12 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-05-2023 The present writ petition has been filed seeking the following reliefs:- "i) For issuance of writ of certiorari quashing the order dt. 23.06.2022 (Annexure-3) passed in Encroachment Appeal case no.-02 of 2022 by the collector, Lakhisarai, respondent no.-2 dismissing the appeal of the petitioner.
(ii) For issuance of writ of certiorari quashing the order dt. 17.12.2021 (Annexure-2) passed by the Anchal Adhikari, Barahia, respondent no.-3, holding that the petitioner has encroached upon plot no.-2093 (gali), to he extent of 5x26 =130 sq feet.
(iii) For issuance of writ of Mandamus Commanding the respondent no.-3 to measure plot
Patna High Court CWJC No.15315 of 2022(2) dt.11-05-2023 2/2 no.-2093, village road /gali, and ascertain its width as per Survey map of village and also measure the lands on both sides of the village road/gali to ascertain as to who and to what extent has encroached upon the village road/gali."
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, including that of filing a suit before the competent civil Court, having appropriate jurisdiction. Liberty, so sought, is granted. The writ petition stands dismissed as not pressed. (Mohit Kumar Shah, J) kanchan/Saurav U