This court dismissed a writ petition filed in Public Interest standing by a petitioner who could have approached the appropriate forum under the Bihar Public Land Encroachment Act, 1956, holding no cause for indulgence was made out.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6422 of 2019
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Md. Murshid aged about 55 years Male Son of Md. Anul Haque resident of Village-Hajratganj Khankah, P.S.-Kotwali, Dist-Munger.
... ... Petitioner
Versus
... ... Respondent/s
====================================================== Appearance :
For the Petitioner/s : Mr. Mritunjay Prasad Singh, Adv. For the Respondent/s : Md. Khurshid Alam, AAG 12
======================================================
CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
Though remedy is available to the petitioner under the
provisions of Bihar Public Land Encroachment Act, 1956
Patna High Court CWJC No.6422 of 2019(2) dt.02-04-2019 2/2
(hereinafter referred to as ‘the Act’), yet without taking recourse to the statutory remedy so available that he moves in Public
Interest.
No cause for indulgence is made out. The writ petition is dismissed.
The petitioner, if so advised, can move before the appropriate forum by filing appropriate application under ‘the Act’.
(Jyoti Saran, J)
( Arvind Srivastava, J)
Archana/ Surendra/-
U
1 issue framed by the court
Whether the petitioner should be permitted to approach the Court under Public Interest Litigation when specific statutory remedy is available.
1 provisions across 1 enactments
Md. Murshid
The State of Bihar through Principal Secretary Revenue Department
The Collector Munger
The Dy. Development Commissioner, Munger
The D.C.L.R Munger
The Sub-registrar registry office Munger
Jyoti Saran
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
