Dhananjay Kumar Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1190 of 2023 ====================================================== Dhananjay Kumar Mishra Son of Lakhan Lal Mishra, Resident of Village Purani Sahar, Ward No.- 03, P.S.- Daudnagar, District Aurangabad (Bihar), at present Advocate at Civil Court, Aurangabad.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Govt. of Bihar, Bihar. 2.
The Principle Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna.
3.
The District Magistrate, Aurangabad.
4.
The Superintendent of Police, Aurangabad.
5.
The Circle Officer, Daudnagar, District Aurangabad. 6.
The Sub Divisional Officer, Daudnagar, District Aurangabad. 7.
The Executive Officer, Nagar Parishad, Daudnagar, District Aurangabad. 8.
Md. Kaish, Son of Aruddin Mali, Resident of Purana Shaher, Mali Tola, Daudnagar, Aurangabad, Bihar.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nishant Kumar Sinha, Advocate For the State :
Mr.Md. Khurshid Alam (Aag12) For Resp. No.7 :
Mr.Daud Nafa Mariam, Advocate Mr.Rakesh Narayan Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-09-2023
1. The present writ petition has been filed seeking the following relief(s):- "1.(i) For a direction upon respondent authority especially the district magistrate to stop the Pvt. Respondents to using aforesaid the land in dispute accordingly to their own convenience, which is completely against the purpose for which the boundary has been erected/surrounded the land. (ii) Further after the above direction to return back the Key and control which is handed over
Patna High Court CWJC No.1190 of 2023(2) dt.26-09-2023 2/2 by the authority concern to the particular community of Muslim allows enjoying according to them own convenience, which is completely against the purpose for which the boundary has been created over the Gair Majarua Aam Land.
(iii) Further direct the respondent authority to take over the control of the land in dispute and further be used for the community in totality so that the purpose of the used of Gair Majarua Aam Land could be surfice and tranquillity peace and the brotherhood remain maintain over there."
2. At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law, including that of filing a civil suit, before the civil Court having competent jurisdiction, for redressal of the aforesaid grievances. Liberty so sought is granted.
3. The writ petition stands dismissed as not pressed. (Mohit Kumar Shah, J) Saurav/- U