The petitioner filed a writ petition seeking the quashing of an encroachment order and a direction not to interfere with his land. The counsel for the petitioner did not press the petition and sought liberty to pursue other remedies.
Liberty granted to avail alternative remedies. Writ petition dismissed as not pressed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1113 of 2023
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Md. Murtaza Son of Md. Mustafa Resident of Pahlam, Ward No. 14, Ghordaur, P.O.- Paharpur, P.S.- Simari Bakhtiyarpur, Dist.- Saharsa.
... ... Petitioner/s
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Ms.Mira Kumari,Adv. For the Respondent/s : Mr.Uday Shankar Sharan Singh,GP-19 ======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
“1. (i) For quashing the order dated 03/12/2022 passed in Encroachment Case No. 10/2022-23, by the Circle Officer, Simari Bakhtiyarpur, District, Saharsa, whereby and whereunder the petitioner and others have been directed to vacate the land of National Highway No. 107 till 22/12/2022 failing which constructed
Patna High Court CWJC No.1113 of 2023(4) dt.10-04-2023 2/3
building upon the land will be demolished and charges of the same will be recovered from the petitioner and others. (ii) For direction to the Respondents authorities not to interfere in the Khatiyani land of the petitioner situated in Mauza -Paharpur, Khata No. 11 old, Kheshra No. 858, Mauza- Paharpur, Thana No. 86, Area 13 dhur 10 dhurki, District Saharsa on which house/shop has been made and he is residing on the said land since years back i.e. 6/09/68.
(iii) For direction to the Respondents authorities not to act orally without any valid process of land acquisition case, in petitioner land for which petitioner has been directed to vacate the land by demolishing the house/shop made on the land in question for construction of National Highway Road No. 107 from Simri Bakhtiyarpur, Saharsa District to Sonbarsa via-Paharpur Bazar, Thana No.86.”
At the outset, 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
Patna High Court CWJC No.1113 of 2023(4) dt.10-04-2023 3/3
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.
(Mohit Kumar Shah, J)
sonal/S.Sb-
U
Md. Murtaza
The State of Bihar
Mohit Kumar Shah
As recorded by the court registry
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