IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18428 of 2022

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Sandeep Kumar Jha @ Sandeep Jha @ Sandeep Kumar Son of Ishwar Jha,

Resident of Village-Birpur, Purwar Toll, Block-Basopatti, P.s. Basopatti,

District-Madhubani (Bihar).

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Land Reforms

Department, Government of Bihar, Patna.

2.

The Divisional Commissioner, Darbhanga.

3.

The District Magistrate-cum-Collector, Madhubani.

4.

The S.D.O. Jaynagar, Madhubani.

5.

The DCLR (Deputy Collector Land Reforms), Madhubani.

6.

The Circle Officer, Basopatti, Madhubani.

7.

The S.H.O. of Basopatti P.S., Madhubani.

8.

Chandra Shekhar Jha, S/o Late Kapileshwar Jha, resident of Village-Birpur,

Post-Birpur (Loharpatti), P.S. and Block-Basopatti, District-Madhubani.

9.

Baidhnath Jha, S/o Late Bindeshwar Jha, resident of Village-Birpur, Post-

Birpur (Loharpatti), P.S. and Block-Basopatti, District-Madhubani.

10.

Vivek Jha, S/o Chandra Shekhar Jha, resident of Village-Birpur, Post-Birpur

(Loharpatti), P.S. and Block-Basopatti, District-Madhubani.

11.

Dilip Jha, S/o Baidhnath Jha, resident of Village-Birpur, Post-Birpur

(Loharpatti), P.S. and Block-Basopatti, District-Madhubani.

12.

Pradeep Jha, S/o Baidhnath Jha, resident of Village-Birpur, Post-Birpur

(Loharpatti), P.S. and Block-Basopatti, District-Madhubani.

13.

Prakash Jha, S/o Baidhnath Jha, resident of Village-Birpur, Post-Birpur

(Loharpatti), P.S. and Block-Basopatti, District-Madhubani.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mrs.Pooja Kumari, Advocate

For the Respondent/s

:

Mr.Md. Khurshid Alam (AAG-12)

Mr. Asif Kalim, AC to AAG-12

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH

ORAL ORDER

2

02-03-2023

The present writ petition has been filed

seeking the following reliefs:-

“I.For issuances of writ/writs, Order

Patna High Court CWJC No.18428 of 2022(2) dt.02-03-2023

2/3

(orders, Direction/ Directions in the nature

of

mandamus,

commanding

the

respondents to immediately remove the

unlawful obstruction or nuisance which is

created by the Respondents No 8 to 13

and forcibly encroach the public land

(Aam Rasta land), which is situated under

Mauza Birpur vide Khata No. 496 old, and

Khesra No 2979 and 2976, which is

situated under Mauza Birpur P.S.-

Basopatti, District-Madhubani, whereby

and whereunder the Aam Rasta land

forcibly encroached by the private

respondents, therefore, the petitioner,

praying for removal of obstruction over

the Aam Rasta land, which is also used by

the petitioner being the Aam Public.

II. For further direction upon the

respondents,

particularly

to

the

respondents no. 3, 6 and 7 to

immediately remove the encroachment

over the Public Land used by the general

people, but the Private Respondents,

have forcibly encroached the Aam public

Land, through the Katila wire", Therefore

petitioner along with the general public,

couldn't freely move over the Aam Rasta

Land, due to the unlawful obstruction, by

which the petitioner has submitted an

Patna High Court CWJC No.18428 of 2022(2) dt.02-03-2023

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application before the Circle Officer,

Basopatti, as well as the S.D.O. Jaynagar,

Madhubani, under the provision of Section

133 of the Cr.P.C. read with Section-3 of

the Bihar Public Land Encroachment Act,

1956.”

After some arguments, 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,

for redressal of the aforesaid grievances.

Liberty so sought is granted.

The writ petition stands dismissed as not

pressed.

S.Sb/Sonal-

(Mohit Kumar Shah, J)

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