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Patna High CourtCWJC/13070/2023dismissed

Rajendra Saw v. The State Of Bihar

2023-09-15The Chief Justice,Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13070 of 2023 ====================================================== Rajendra Saw Son of Dulli Saw, Resident of Village- Ramabigha, Police Station- Islampur, District- Nalanda.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna. 2.

The District Magistrate, Nalanda at Biharsharif. 3.

The Superintendent of Police, Nalanda at Biharsharif. 4.

The Sub-Divisional Officer, Hilsa, Nalanda.

5.

The Circle Officer, Islampur, Nalanda.

6.

The Officer-In Charge, IslamPur Police Station, Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Mohan, Advocate For the Respondent/s :

Mr.Raghwanand, GA 11 Mr. Pratik Kumar, AC to GA ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 15-09-2023 The petitioner is aggrieved with the encroachment made over Khata No. 307, Khesra No. 1765 situated in VillageRamabigha, P.S.- Islampur, District- Nalanda.

2. In any event, the petitioner has a remedy by way of an application before the authority under the Bihar Public Land Encroachment Act, 1956.

3. It is submitted that the petitioner has already approached the respondent authorities.

4. Having availed the alternate remedy, the petitioner

Patna High Court CWJC No.13070 of 2023(2) dt.15-09-2023 2/2 cannot approach this Court in a Public Interest Litigation, which is not maintainable. We find no reason to invoke our extraordinary jurisdiction to interfere in the matter.

5. We also find that the affected parties are not impleaded in the writ petition, which further puts at peril the instant writ petition. We find no reason to invoke our extraordinary powers under Article 226 of Constitution of India.

6. Writ petition stands dismissed in limine.

(K. Vinod Chandran, CJ) ( Partha Sarthy, J) Sujit/- U