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SANJAY KAROL, MOHIT KUMAR SHAH
Akhilesh Kumar Singh – Appellant
Versus
State of Bihar – Respondent
Sanjay Karol, CJ.—Heard learned counsel for the parties.
2. Petitioner has prayed for the following relief(s):—
(i) For issuance of an appropriate writ/writs, order/orders, direction/directions in the nature of mandamus directing the respondent no.4 to initiate the encroachment proceedings against the private respondent no. 5 to 9\ Encroachers and decide the encroachment case to its logical conclusion within short span of time by removing the encroachment made by cncroachers/Private respondent no. 5 to 9 over the land bearing CS Khata\RS Khata No. 85/199, CS Plot/RS Khata No. 419/914 area 9 decimal, CS Khata\RS Khata No. 86/199, CS Plot/RS Khata No. 420/908 area 8 decimal, CS Khata/RS Khata No. 86/199, CS Plot /RS Khata No. 395/953 area 16 decimal and CS Khata/RS Khata No. 86/199, CS Plot\RS Khata No. 396\951 area 16 decimal Thana No.626 situated in village Bhadaula, Block- Kudra, District- Kaimur Bhabua, which is recorded in Khatiyan as Gairmajarua Aam Land being as Galai, Chhawar, Garha etc. on the spot.
(ii) For grant of any relief(s) the petitioner would be found entitled to in the facts and circumstances of the case.
3. We find that petitioner has an alternative remedy, equally ef
The judgment emphasizes the importance of procedural technicalities in public interest litigation, the availability of alternative remedies, and the principles of mandamus in issuing writs.
The importance of procedural laws in public interest litigation, the need for public spirited litigants to avail of other remedies, and the application of principles of natural justice in decision-ma....
The petitioner has an efficacious remedy of preferring appeal under Section 11 of the Act, 1956.
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