Mridula Kumari Gupta @ Mridula Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.838 of 2023 ====================================================== Mridula Kumari Gupta @ Mridula Devi W/o Ramanand Prasad Resident of Janki Asthan, Riga Road, Ward No.- 2, P.S. and District- Sitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Land and Revenue Department, Bihar, Patna.

2.

The Collector, Sitamarhi.

3.

The Sub-Divisional Officer, Sitamarhi.

4.

The Municipal Commissioner, Nagar Nigam, Sitamarhi. 5.

The City Manager, Nagar Nigam, Sitamarhi.

6.

Nishant Kumar @ Nishant Singh, Son of Narendra Kumar Singh @ Kalicharan Resident of Janki Asthan, Riga Road, Ward No.- 2, P.S. and District- Sitamarhi.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brajesh Kumar Singh, Advocate For the State :

Mr.Raj Kishore Roy ( GP- 18 ) For Respondent No. 4&5:

Mr.Subodh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-03-2023 The present writ petition has been filed seeking the following reliefs:- "1. i) For issuance of writ in the nature of mandamus commanding and directing the Respondent authorities to remove the encroachment from the public road bearing Plot No. 685 appertaining to Khata No. 126 recorded in the name of the State of Bihar as Aam Rasta as well as adjacent land appertaining to Khata No. 126, Plot No. 701 recorded in the name of the petitioner which has been illegally encroached by the private respondent by making pucca

Patna High Court CWJC No.838 of 2023(2) dt.22-03-2023 2/2 construction encroaching the land in question. (ii) For further direction to the Respondent authorities to initiate a proceeding of encroachment respondent against the private respondent and take measurement and remove the private respondent from the land in question holding as encroacher so that the public of the locality can use the land freely as Aam Rasta. (iii) For further direction to the Respondent authorities to dispose of the representation of the petitioner by reasoned and speaking order within time framed."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to avail such other alternative remedies, as are otherwise available under the law. Liberty so sought is granted.

The writ petition stands disposed off as not pressed. (Mohit Kumar Shah, J) kanchan/Saurav U