Navneet Kumar v. The State Of Bihar Through Principal Secretary
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14001 of 2025 ====================================================== Navneet Kumar S/o Surya Narayan Shah, R/o Tetrahi, Ward No. 02, P.SLarjha Ghat, Bithan, Dist.- Samastipur, Bihar ... ... Petitioner/s
Versus
1.
The State of Bihar through Principal Secretary Education Department, Government of Bihar, New Sachiwalaya, Patna.
2.
Director Primary Education, Government of Bihar, Patna. 3.
District Magistrate, Samastipur, Bihar 4.
District Education officer, Samastipur, Bihar. 5.
District Program Officer (Education), Samastipur Bihar. 6.
The Circle Officer, Bithan, Samastipur 7.
The SHO, Larjha Ghat P.S.- Bithan Block, Samastipur 8.
Block Education Officer, Bithan block, District Samastipur, Bihar 9.
Ranjeeta Kumari, Principal, Primary School Mallah tol, Village Checheni, P.s- Larjha Ghat, Bithan block, District Samastipur, Bihar ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prabhat Kumar, Adv.
For the Respondent/s :
Mr.Addl. Advocate General (13) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 02-09-2025 The instant writ petition has been filed for the following reliefs:- "I. Issue an appropriate writ, order, or direction in the nature of mandamus or any other suitable prerogative writ commanding the immediate eviction and ouster of the respondent no.8 and 9 from the petitioner's immovable property, being Khata No. 61, Khesra No. 451, Rakba 46 decimals, situate at Village Chechni, P.S. Bithan District Samastipur and to direct the restoration of vacant, peaceful and exclusive possession of the said premises to the petitioner forthwith.
Patna High Court CWJC No.14001 of 2025(2) dt.02-09-2025 2/3 II. Issue a writ or direction in the nature of injunction restraining the Respondents, their agnates, assigns or any person claiming through or under them for committing any further act of encroachment, interference, or dispossession in respect of the aforesaid property, so as to secure and protect the petitioner's proprietary and possessory rights in perpetuity.
III. Direct the respondents to render accounts and to pay mesne profits together with compensatory and consequential damages to the Petitioner for the entire duration of their unlawful, unauthorized and continuous occupation, along with interest at such rate as this Hon'ble Court may deem fit, in consonance with Order XX Rule 12 of the Code of Civil Procedure, 1908. IV. Direct the respondents to compensate the petitioner by awarding appropriate damages for the mental anguish, harassment, economic loss, and deprivation of peaceful enjoyment of his property, occasioned by their continued unlawful retention and use of the petitioner's premises without the authority of law. V.
Declare and adjudicate that the Respondents' occupation and retention of the Petitioner's property is ultra vires, devoid of lawful authority, and vilative of the constitution guarantee under Article 300A of the Constitution of India, and further declare that no right, title, interest or easement of any nature accrues to the Respondents in relation to the Petitioner's estate. VI.
Patna High Court CWJC No.14001 of 2025(2) dt.02-09-2025 3/3 expedient, just and necessary, in order to uphold the rule of law vindicate the Petitioner's constitutional and proprietary rights, and deter recurrence of such unauthorized occupations by public authorities without due process of law".
2. In view of the nature of the aforesaid reliefs sought for by the petitioner, this court is not, even prima facie, satisfied to invoke the writ jurisdiction of this court as grievance of the petitioner can be effectively redressed under the specific civil law/ revenue law and without availing such remedies the petitioner has directly approached this court by filing this writ petition.
3. Accordingly, this writ petition stands disposed of. (Shailendra Singh, J) BKS/- U