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Patna High CourtCWJC/3908/2018disposed

Badri Prasad Khetan v. The State Of Bihar And ORS

2022-09-06Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3908 of 2018 ====================================================== Badri Prasad Khetan Son of Late Hari Prasad Khetan Resident of Mohalla - Gandhi Nagar, P.S. - Kahalgaon, District - Bhagalpur. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the District Magistrate, Bhagalpur. 2.

The Nagar Panchayat, Kahalgaon, through its Executive Officer, District - Bhagalpur.

3.

The Executive Officer, Nagar Panchayat, Kahalgaon, District - Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Singh, Advocate For the Respondent/s :

Mr.Rajiv Roy- GP 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-09-2022 Though the present writ petition was filed for directing the respondent- authorities not to construct sewerage and road over the private raiyati land of the petitioner, however the respondent no. 3 i.e. the Executive Officer, Nagar Panchayat, Kahalgaon, District-Bhagalpur has filed a counter affidavit, wherein, it has been stated that the land appertaining to Khata no. 121, Khesra nos. 20 and 22 is registered in the name of Nagar Panchayat, Kahalgaon, hence, in such view of the matter, the learned counsel for the petitioner, considering the fact that the remedy available to the petitioner would lie elsewhere, seeks liberty on behalf of the petitioner to avail such other remedies, as are available under the law, however, seeks some protection in the meanwhile in order to avail such

Patna High Court CWJC No.3908 of 2018(6) dt.06-09-2022 2/2 alternative remedies.

Accordingly, the writ petition stands disposed off, however, with liberty to the petitioner to avail such other appropriate remedies, as are available under the law. It is needless to state that for a period of four weeks from today, status quo existing as to today, shall be maintained so as to enable the petitioner to avail such other remedies, as he deems it fit and proper.

(Mohit Kumar Shah, J) rinkee/- U