Krishna Mistri v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20893 of 2021 ====================================================== Krishna Mistri Son of Late Karu Mistri R/o - Station Road, Hilsa, P.S. - Hilsa, District- Nalanda.

... ... Petitioner/s

Versus

1.

The Union of India through General Manager, East Central Railway, Hazipur,Vaishali.

2.

The Divisional Manager, Danapur Division, East Central Railway, Danapur. 3.

The Senior Section Engineer (works) East Central Railway (Rajgir), Nalanda.

4.

The Assistant Divisional Engineer, East Central Rajgir, Nalanda. 5.

The District Magistrate, Nalanda.

6.

The S.D.P.O. Hilsa, Nalanda.

7.

The Circle Officer (C.O.), Hilsa Nalanda.

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

For the Petitioner/s :

Mr.Shambhu Narayan Singh, Advocate For the Respondent/s :

Mr.Sajid Salim Khan (SC 25) For U.O.I.

:

Mr. Manoj Kr. Singh, CGC :

Mr. Ankit Kr. Singh, JC ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-08-2023 1.

The present petition has been filed seeking the following reliefs :- "(i) To issue an appropriate writ for quashing of notice bearing letter no. 745 dated 24.11.2021 issued under the signature of respondent No. 03 and 04 whereby and whereunder petitioner who is peacefully enjoying the uninterrupted possession of concerned land for the last more than 100 years has been directed to remove the encroachment till 10.12.2021 which has been

Patna High Court CWJC No.20893 of 2021(4) dt.22-08-2023 2/2 issued by the concerned respondent without having any legal authority and in furtherance of this respondents be restrained to take any action in light of notice dated 24.11.2021.

(ii) It is further prayed that during the pendency of the instant wit application respondents be directed to maintain status quo."

2.

At the outset, 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 for redressal of their grievance including that of filing a suit before the learned civil court having competent jurisdiction. Liberty so sought, is granted.

3.

The writ petition stands dismissed as not pressed. (Mohit Kumar Shah, J) rinkee/- U