Urmila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17649 of 2022 ====================================================== Urmila Devi widow of Late Vijay Thakur, Resident of Village- Kanhwa, Police Station Bela District- Sitamarhi.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Collector, Sitamarhi. 2.

The Collector, Sitamarhi.

3.

The Circle Officer, Parihar, District- Sitamarhi. 4.

The S.H.O. Parihar, District- Sitamarhi.

5.

Shri Kaushlendra Kumar son of Bashistha Narayan Thakur, Resident of Village- Kanhwa, Police Station Bela District- Sitamarhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Jha, Advocate For the Respondent/s :

Mr.Raj Kishore Roy (GP18) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-06-2023 The present writ petition has been filed seeking the following reliefs :- (i) For issuance of writ/writs, order/orders, direction/directions including a writ in the nature of certiorari for quashing the order dated 4.7.2022 passed by Respondent No. 2 in Land Encroachment Appeal No. 25/22 and the order dated 26.3.2022 passed by Respondent No. 3 in Land Encroachment Case No. 1/2022 whereby and where under the house of the petitioner measuring area of 90 sq. ft. has been directed to be removed in the background of a Title Suit pending in between the parties vide Title Suit No.

Patna High Court CWJC No.17649 of 2022(2) dt.26-06-2023 2/2 147/2021 pending in the court of the Sub Judge, Sitamarhi.

(ii) For issuance of a writ in the nature of Mandamus directing the respondent authority not to disturb the physical possession of the petitioner during the pendency of the Title Suit."

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 for redressal of his grievances including that of filing of a suit before the learned civil court having competent jurisdiction. Liberty so sought, is granted.

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