Krishna Kumar Jha And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8354 of 2015 ====================================================== 1.

Krishna Kumar Jha 2.

Vijay Kumar Jha 3.

Binay Kumar Jha All S/o Late Yoganand Jha Resident of Village Sahaha, P.S. Bahadupur, P.O. Laheriasarai, District Darbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate, Darbhanga.

3.

The Deputy Collector Land Reforms, Sadar, Darbhanga. 4.

Ginilal Prasad S/o not known The Circle Officer, Bahadurpur, Dabhanga. 5.

Sita Ram Mahto S/o Late Yojunandan Mahto 6.

Ras Bihari Yadav 7.

Raj Kishore Yadav Both S/o Asharfi Yadav Resident of Village Bajeetpur Ganj, P.S. Bahadurpur, District Darbhanga.

8.

Station House Officer S.H.O., Police Station Bahadurpur, District Darbhanga.

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

For the Petitioner/s :

Mr.Sameer Ranjan, Advocate For the Respondent/s :

Mr. Sheo Shankar Pd., SC-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-08-2024 The present writ petition has been filed seeking the following reliefs:- "1. i) For issuance of an appropriate writ, order or direction including a writ in the nature of Mandamus commanding the respondents to forthwith get the ancestral land of the petitioners released and remove the encroachment and illegal construction, made on the land of the petitioners.

Patna High Court CWJC No.8354 of 2015(3) dt.14-08-2024 2/3 ii) For issuance of writs against the respondents to comply the order of respondent no.3 L.R.D.C., Sadar (Darbhanga) as contained in Annexure3 to this petition. iii) For issuance of writ or order directing the appropriate State authorities to initiate appropriate proceeding against the concerned subordinate officials for not complying the order of their higher officials regarding direction to the private respondents to vacate the land of the petitioners.

iv) For issuance of an appropriate order, administering conscionable justice to the parties and awarding compensation to the petitioners as may be deemed fit and proper.

v) To award costs of incidentals of this proceeding to the petitioners as may be deemed expedient."

2.

At the outset, the learned counsel for the petitioners seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioners to avail such other alternative remedies as are otherwise available under the law, including that of filing civil suit before the Ld. Civil Court having competent jurisdiction, for redressal of the

Patna High Court CWJC No.8354 of 2015(3) dt.14-08-2024 3/3 aforesaid grievances. Liberty, so sought, is granted.

3.

The writ petition stands disposed off.

(Mohit Kumar Shah, J) S.Sb/- U