Rajesh Prasad Rahi @ Munnilal Paswan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8448 of 2016 ====================================================== Rajesh Prasad Rahi @ Munnilal Paswan Son of Late Sakaldeo Paswan, Resident of Village- Sherpur, P.O.- Mohammadpur, P.S.- Asthawan, DistrictNalanda. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Collector, Nalanda 3.

The Circle Officer, Asthawan, District- Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Suman Kumar Singh For the Respondent/s :

Mr.Aag6- Anjani Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 10-07-2025 Heard learned counsel for the petitioner and learned counsel appearing for the respondent-State.

2. With consent of both the parties, this writ application is being disposed of at the present stage.

3. Learned counsel for the petitioner submits that he has remedy of Appeal under Section11 of the Bihar Land Encroachment Act, 1956. Learned counsel for the petitioner therefore, prays that he may be permitted to withdraw this writ application with liberty to pursue the alternative remedy of appeal as per Section 11 of the Bihar Public Land Encroachment Act, 1956.

4. The prayer above is not opposed by the respondentState.

Patna High Court CWJC No.8448 of 2016(5) dt.10-07-2025 2/2

5. Considering the limited nature of prayer made by learned counsel for the petitioner, this writ application is dismissed as withdrawn with liberty to the petitioner to file an appeal before the District Magistrate, Nalanda under Section 11 of the Bihar Public Land Encroachment Act, 1956 and if such an appeal is filed, the same shall be decided by the District Magistrate, Nalanda in accordance with law.

(Alok Kumar Sinha, J) sanjeev/- U