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2022 Supreme(Pat) 1117

SANJAY KAROL, S. KUMARSANJAY KAROL, S. KUMAR
Kunal Kishor S/o Shravan Kumar – Appellant
Versus
Patna Municipal Corporation – Respondent


Advocates Appeared:
For the Petitioner: Ajay Prasad.
For the Respondent: Raj Kishore Roy.

ORDER :

1. Petitioner has prayed for the following reliefs:

    “(i) For issuance of a direction for removal of encroachment of public land bearing Encroachment Case No. 293/2014-15 passed by Respondent No. 2, the Municipal Officer-cum-Executive Officer, Patna Municipal Corporation, Patna City Anchal, Patna whereas encroachment has been made by private respondent no. 9 to 12 as well as encroachment order has been passed on 10.06.2015.

(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.

5. Learn

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