Premchand Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8045 of 2016 ====================================================== Premchand Singh son of late Baban Singh Resident of villageDharammpura , PS Daudpur, Anchal Manjhi, District Saran at Chapra. ... ... Petitioner/s

Versus

1.

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

The Principal Secretary , Department of Home, Government of Bihar, Patna. 3.

The Principal Secretary , Department of Revenue and Land Reforms Government of Bihar, Patna.

4.

The District Magistrate-cum-Collector, Saran at Chapra. 5.

The Sub Divisional Magistrate, Chapra Sadar District Saran at Chapra. 6.

The Deputy Collecter, Land Reforms, Chapra Sadar, District Saran at Chapra.

7.

The Circle Officer, Manjhi District Saran.

8.

Tukar Singh Son of late Chhabila singh resident of Village Dharampura, PS Daudpr District Saran at Chapra.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jeetendra Narayan, Advocate For the Respondent/s :

Mr.Sc23 -- Kumar Priya Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-10-2024

1. The present writ petition has been filed seeking the following relief(s):- "1. A writ in the nature of mandamus or any other appropriate writ/ order or directions directing the respondents to remove the encroachment from the public land i.e.Gairmazarua Malikan, situated at MauzaDharmpura, Revenue Thana no.177, Khata no,28, Survey plot no.1440, Area 2 Katha 8 Dhur, which is, as per katiyan, a Gairmazarua Malikan land, which has been encroached by

Patna High Court CWJC No.8045 of 2016(3) dt.03-10-2024 2/2 the private respondent no.8 and the said land is used by the villagers to assemble in Gobardhan Puja."

2. At the outset, the learned counsel for the respondent-State submits that since settlement has already been made in favor of one person, namely, Singheshwar Singh, the alleged encroachment in question can't be removed, hence the present writ petition has been rendered infructuous.

3. At this juncture, the learned counsel for the petitioner 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.

4. The writ petition stands dismissed.

(Mohit Kumar Shah, J) Saurav/- U