Vibhash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24712 of 2019 ====================================================== Vibhash Kumar, Son of Tarni Yadav , Tamkulha, Ward Noi-11, Baraith, Post and Police Station-Sonbarsha, District-Saharsa, PIN-852217. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Divisional Commissioner, Saharsa.

3.

The District Magistrate-Madhepura, Post officer-Madhepura, Police StationMadhepura District-Madhepura-852113, 4.

The Sub-Divisional Officer, Madhepura.

5.

The Circle Officer-Madhepura, Post Office-Madhepura, Police StationMadhepura District-Madhepura-852113, 6.

The Executive Engineer-N-H-106- Madhepura 7.

Professor Bhupendra Narayan @ Bhupendra Madhepury, Son of Late Natho Mandal, aged about 65 Years, Gender-male Azad Tola, Post OfficeMadhepura, Police Station-Madhepura District-Madhepura-852113, ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravindra Kumar @ Ravindra Kr Rai For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 10-12-2019 Petitioner has prayed for the following relief:- "For issuance of appropriate writ/writs/direction/directions and writ in the nature of mandamus certiorari or writs in the nature thereof or any other appropriate writs/orders/directions for commanding the respondents authorities, named above, for direction to remove encroachment from the public land."

Petitioner has filed the instant petition, inviting

Patna High Court CWJC No.24712 of 2019(2) dt.10-12-2019 2/2 attention of this Court to the alleged encroachments carried out by the private respondent no. 7 namely Professor Bhupendra Narayan Yadav @ Bhupendra Madhepury.

We find that the petitioner, in view of disputed questions of fact, can take recourse to the statutory remedy available under the provisions of the Bihar Public Land Encroachment Act, 1956.

As such leaving all questions open, we dispose of the present writ petition reserving liberty to the petitioner to take recourse to such remedy as otherwise is available in accordance with law.

(Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) sujit/- U