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SANJAY KAROL, S. KUMAR
Kunal Kishor Son of Shravan Kumar – Appellant
Versus
Patna Municipal Corporation – Respondent
ORDER :
1. Petitioner has prayed for the following reliefs:-
(ii) For issuance of a direction for removal of encroachment from Circle No. 193, Ward No. 68, Plot No. 1629 and 1713 Sheet No. 248.
(iii) For any other relief/reliefs to which the petitioner may be found entitled to in the facts and circumstances of this case.”
2. We find that petitioner has an alternative remedy, equally efficacious in term of and under the provisions of the Bihar Public Land Encroachment Act, 1956.
3. Confronted as to why the petitioner has not taken recourse to such remedies, we see no answer forthcoming.
4. We see that the present petition is in the nature of private interest litigation and not public interest litigation, inasmuch as dispute between the private parties stands highlighted. As such, we refrain from issuing any notice.
4. Learn
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 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 petitioner has an efficacious remedy of preferring appeal under Section 11 of the Act, 1956.
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