Munna Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13716 of 2023 ====================================================== Munna Choudhary Son of Late Bigu Choudhary, Resident of Village- Darwan (Mallah Toli), Ward No.6, P.O. and P.S.-Mohania, District- Kaimur at (Bhabhua), At present Mantri Fishermen Co-operative Society Ltd., Mohania Block, District- Kaimur (Bhabua).

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Revenue and Land reforms Department, Govt. of Bihar.

2.

District Magistrate, Kaimur (Bhabua).

3.

The Deputy Collector, Land Reforms Mohania, Kaimur (Bhabua). 4.

The Anchal Adhikari, Mohania, (Kaimur), Bhabua. 5.

Krishna Pandey, Son of Late Guru Charan Pandey Resident of VillageBharkhar, P.S.- Mohania, District- Kaimur (Bhabua). 6.

Parash Pandey, Son of Late Guru Charan Pandey Resident of VillageBharkhar, P.S.- Mohania, District- Kaimur (Bhabua). 7.

Shree Nanhaku Pandey, Son of Late Bachau Pandey Resident of VillageBharkhar, P.S.- Mohania, District- Kaimur (Bhabua). 8.

Shree Awadha Pandey, Son of Late Raja Ram Pandey Resident of VillageBharkhar, P.S.- Mohania, District- Kaimur (Bhabua). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Rishi Raj Sinha ( SC-19 ) Mr. Atul Shanker, AC to SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-09-2024 The present writ petition has been filed seeking the following reliefs:- "1. (I) For direction to Respondent No.4 for removal of encroachment from Khata No.439, Plot No.1515, area 0.64 decimal and Plot no.1511, area 2.25 decimal, recorded in R.S.

Patna High Court CWJC No.13716 of 2023(6) dt.03-09-2024 2/3 Khatiyan as Anabad Sarv Sadharan and its nature is Pokhara and Tal.

(II) For issuance of a writ of Mandamus directing the Respondents No. 5, 6, 7, 8 to vacate the Pokhara and Tal where that land has been settled in the name of petitioner as Mantri Fishermen Cooperative Samittee Ltd., Mohania after deposit of rupees thirty three hundred for the financial year of 20232024.

(III) For issuance of writ directing the Respondent No.4 for delivery of possession in favour of the petitioner who is Mantri of Fishermen Cooperative Society Ltd. and the Tal and Pokhar is settled through the agreement."

2.

Though it is the stand of the learned counsel appearing for the petitioner that the financial year for which fishing rights were granted in favour of the petitioner has now expired, however, since the petitioner has made investments, he be granted liberty to avail such other alternative remedies as are otherwise available under the law for the purposes of redressal of his subsisting grievances, if any. Liberty, so sought, is granted.

Patna High Court CWJC No.13716 of 2023(6) dt.03-09-2024 3/3 3.

The present writ petition stands disposed off.

(Mohit Kumar Shah, J) S.Sb/- U