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Patna High CourtCWJC/14580/2023dismissed

Chandan Kumar v. The State Of Bihar

2023-10-10The Chief Justice,Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14580 of 2023 ====================================================== Chandan Kumar S/o Parmeshwar Singh R/o-D-22, Road No-2, Anisabad Police Colony, Police Station Gardenibag, Phulwari, Patna, Bihar-800002 ... ... Petitioner/s

Versus

1.

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

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

3.

The Principal Secretary, Urban Development Department, Government of Bihar, Patna.

4.

THe Commissioner, Magadh Division, Gaya.

5.

The District Magistrte-Cum-Collector, Gaya.

6.

The Senior Superintendent of Police, Gaya.

7.

The Sub-Divisional Officer, Sadar, Gaya.

8.

The SHO of Muffasil P.S. in the District of Gaya. 9.

The Circle Officer, Manpur in the District of Gaya ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prakash Chandra, Advocate For the Respondent/s :

Smt. Archana Meenakshee (GP-6) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJIV ROY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 10-10-2023

1. The petitioner has not cared to implead the persons, who are said to have encroached upon the river bed.

2. The petitioner also has an alternate remedy to proceed under the Bihar Public Land Encroachment Act, 1956. There cannot be maintained a Public Interest Litigation on the subject matter nor is the invocation of the extraordinary power

Patna High Court CWJC No.14580 of 2023 dt.10-10-2023 2/2 possible; when there is such an alternate efficacious remedy available.

3. Present petition stands dismissed with the liberty aforesaid; without any observation on merits, or even the locus standi of the petitioner, which has to be decided by the Appropriate Authority under the Act of 1956.

(K. Vinod Chandran, CJ) ( Rajiv Roy, J) kiran/anushkaAFR/NAFR NAFR CAV DATE N/A Uploading Date 13.10.2023.

Transmission Date