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Patna High CourtCWJC/22470/2019disposed

Anand Mohan Sharma, v. The State Of Bihar

2019-11-18Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22470 of 2019 ====================================================== Anand Mohan Sharma, Son of late Siddheshwar Sharma, resident of Village and P.O.- Lala Bhadshara, P.S.- Balhauri, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Commissioner Patna Division, Patna. 2.

The District Magistrate-cum- Collector, Patna. 3.

The Senior Superintendent of Police, Patna.

4.

The Additional Collector, Patna.

5.

The Sub-Divisional Officer, Paliganj, District- Patna. 6.

The D.C.L.R., Paliganj, District- Patna.

7.

The Circle Officer, Dulhin Bazar, District- Patna. 8.

The S.H.O., Dulhin Bazar, District- Patna.

9.

Arun Kumar Mishra, Son of Late Gopal Mishra, resident of Village- Lala Bhadshara, P.S.- Dulhin Bazar, District- Patna. 10.

Sunil Kumar Mishra, Son of Late Gopal Mishra, resident of Village- lala Bhadshara, P.S.- Dulhin Bazar, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binay Kumar For the Respondent/s :

Mr.Rishi Raj Sinha (Sc19) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-11-2019 Heard both sides.

The land of the petitioner has already been demarcated by the order of D.C.L.R. The petitioner has filed this writ petition for a direction to the respondent authority to remove the private respondents from the land of the petitioner already demarcated, but such relief cannot be granted in the writ jurisdiction. The petitioner may resort to proper remedy in civil court for removal of encroachment from his land.

Patna High Court CWJC No.22470 of 2019(2) dt.18-11-2019 2/2 After some arguments, learned counsel for the petitioner seeks permission to withdraw this writ petition with liberty to file suit before the competent court. Prayer is allowed.

This writ petition is disposed of with the aforesaid liberty.

(Prabhat Kumar Jha, J) Harish/- U