Gayatri Devi And ANR v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8044 of 2017 ====================================================== 1.
Gayatri Devi wife of Shivji Yadav, resident of Village- Chari, Police StationGautam Budha Nagar Tarwara District- Siwan. 2.
Mukesh @ Mukesh Yadav, son of Late Gopi Chand Yadav, resident of Village- Chari, Police Station- Gautam Budha Nagar Tarwara DistrictSiwan. ... ... Petitioner/s
Versus
1.
The State of Bihar.
2.
The District Magistrate, Siwan.
3.
The Sub Divisional Officer, Siwan Sadar, District- Siwan. 4.
The Block Development Officer, Gautam Budha Nagar Tarwara, DistrictSiwan. 5.
The Circle Officer, Gautam Budha Nagar, Tarwara, District- Siwan. 6.
The Officer-in-Charge, Gautam Budha Nagar Tarwara, District- Siwan. 7.
Manager Yadav, son of Late Brij Lal Yadav, 8.
Rameshwar Yadav, son of Late Nathuni Yadav, 9.
Ishwar Chandra Yadav, son of Late Nathuni Yadav, All resident of VillageChari, Post Office- Sikandarpur Police Station- Gautam Budha Nagar, Tarwara, District- Siwan.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Kumar Mishra, Advocate For the Respondent/s :
Mr.GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-04-2023 The present writ petition has been filed seeking the following reliefs:- "1. For issuance of an appropriate writ in the nature of prohibition for restraining the private respondents namely Manager Yadav, Ishwar Chandra Yadav and Rameshwar Yadav who have illegally encroached the
Patna High Court CWJC No.8044 of 2017(2) dt.17-04-2023 2/3 land of the petitioners and have forcibly constructing the house without any document, title or documentary proof.
II. For issuance of an appropriate writ in the nature of mandamus for commanding directing the respondent authorities concerned to remove the illegal construction on which the private respondents have constructed some brick works and other illegal possession without any valid paper and documents.
III. For issuance of an appropriate writ in the nature of mandamus for commanding directing the respondent authorities concerned to remove the illegal possession of the land by the private respondents for which the petitioners have filed representation for removing the aforesaid illegal possession on the land of the petitioners.
IV. For issuance of an appropriate writ in the nature of mandamus for commanding directing the respondent authorities specially the Sub Divisional Officer, Siwan Sadar to take steps as the petitioners have filed a petition before him through his advocate on 07.04.2017, by which the petitioner
Patna High Court CWJC No.8044 of 2017(2) dt.17-04-2023 3/3 no.2 has requested for initiation of proceeding under Section 144 of Cr.P.C.
on disputed Survey Plot No.1201, which has been forcibly taken possession without any valid documents."
At the outset, 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 dismissed as not pressed.
(Mohit Kumar Shah, J) kanchan/Saurav U