Naveen Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20223 of 2019 ====================================================== Naveen Kumar Singh Son of Charan Dev Singh R/o Village- Meenapur P.S. Matihani, District- Begusarai.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The District Magistrate, Begusarai.

3.

The Superintendent of Police, Begusarai.

4.

The Sub-Divisional Officer, Begusarai.

5.

The Circle Officer, Matihari, District- Begusarai. 6.

The S.H.O. Matihari, District- Begusarai.

7.

The Executive Engineer Electricity Dept. Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jai Prakash Singh, Advocate For the Respondent/s :

Mr.Raj Kishore Roy (GP18) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 12-12-2022 Petitioner has prayed for following relief (s) : - "(i) For issuance of an appropriate writs, orders or directions for restraining the Respondent authority for construction of Electric Power Sub Station upon the land of the petitioner which is situated at Mauza Meenapur (Ramdiri) Thana No.423, Tauzi No.1406, Khata No.314, Khesra No.346 (396) a area of 2 Bigha 2 Katha 4 Dhurs out of this area construction is making over 24 Barge meter from North side and boundaries are in North Plot No.392, South Khesra No.450, East-Survey Srak, West Khesra No.448 &

Patna High Court CWJC No.20223 of 2019 dt.12-12-2022 2/3 449 in Matihani Police Station in the District of Begusarai.

(ii) For issuance of an appropriate writs, orders or directions for restraining the Respondent authority to encroach the land of the petitioner bearing details of the land mentioned as above.

(iii) To grant of any other relief or reliefs for which as your Lordships may deem fit and proper in the facts and circumstances of the case."

After the matter was heard for some time, finding the Court not to be in favour with the submissions made across the Bar, learned counsel for the petitioner, more so in view of the disputed question of fact, fairly states that petitioner be permitted to take recourse to such equally, efficacious alternative remedies as are available in accordance with law.

Permission granted.

Petition stands disposed of in the aforesaid terms. We clarify that we have not adjudicated the dispute on merits. All questions of fact and law are left open to be agitated and adjudicated before the appropriate forum in appropriate proceedings.

Patna High Court CWJC No.20223 of 2019 dt.12-12-2022 3/3 Petition stands disposed of in the aforesaid terms. Interlocutory Application(s), if any, stands disposed of.

(Sanjay Karol, CJ) ( Partha Sarthy, J) Sujit/chn AFR/NAFR CAV DATE Uploading Date 17.12.2022 Transmission Date