Shiv Nandan Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18119 of 2022 ====================================================== 1.

Shiv Nandan Mukhiya S/o Late Tarni Mukhiya R/o Vill- Jhitaki, P.O. and P.S.- Maheshi, Dist- Saharsa.

2.

Laxmi Devi W/o Shiv Nandan Mukhiya, R/o Vill- Jhitaki, P.O. and P.S.- Maheshi, Dist- Saharsa.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Commissioner, Koshi Division, Saharsa.

3.

The Under Secretary, CM Secretariat, Patna.

4.

The District Magistrate, Saharsa.

5.

The Dy. Director, Revenue Dept. Old Secretariat, Patna. 6.

The Branch Manager of Kotak Mahindra Bank Ltd. Purab Bazar, Saharsa, Dist- Saharsa.

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

For the Petitioner/s :

Mr.Deepak Kumar For the Respondent/s :

Mr.Sajid Salim Khan ( Sc 25 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-07-2023 The present writ petition has been filed seeking the following relief:- "1. That this application is for issuance of Mandamus and directed the District Magistrate, Saharsa (R. No.-4) to make an enquiry in the light of several directions issued by the R.No.-3 & 5, the under secretary, CM Secretariate & Dy Director of revenue Dept. contained in Ax.-1 series for submitting a report on the basis of allegation made by the petitioners that R. No.- 6 has dragged the Mahindra tractor vide registration

Patna High Court CWJC No.18119 of 2022(23) dt.03-07-2023 2/2 No.- BR19GA4439, Engine No.:- SJ327A71636 from the house of Petitioners on 07.02.2021 without giving any notice and further be pleased to quash the letter dt. 10.03.2021 & 09.08.2021 contained in Ax.-2 & 2A, where R. No.-6 has demanded irrelevant amount without any proper calculation. Such action of R. No.- 6 is wholly illegal, against the provision of law, violation of principle of natural justice and also directed the Respondent No. 6 to return his tractor or compensate his money."

After some arguments, the learned counsel for the petitioners seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioners 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) Ajay/- U