Petitioner sought writ relief to stop road construction and clear land encroachment in Madhepura. Counsel abandoned the petition. Court dismissed it as not pressed.
Liberty to pursue alternative remedies granted. Petition dismissed as not pressed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11990 of 2017
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Brajnandan Kumar Son of Gajendra Yadav, Resident of Village-Bhelwa, Block/ Anchal-Gamahriya, District-Madhepura
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Shekhar Kumar Singh, Advocate For the Respondent/s : Mr.Md. Khurshid Alam- Aag12 ======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
5 21-06-2023 The present writ petition has been filed
seeking the following reliefs:-
Patna High Court CWJC No.11990 of 2017(5) dt.21-06-2023 2/4
" (i) For Issuance of Writ/Writs, Order/Orders, Direction/ Directions in the nature of mandamus commanding the respondents, to immediately stop the work of pitch road, constructed under Pradhan Mantri Sarak Yojana, Through The Rural development Department, government of India, in which Khata No. 1762 and Khesra No. 5154, which is wrongly been encroached by the Private Respondent Nos. 12, 13, 14, 15, 16 and 17, in which the Respondent No.11, the Circle Officer, Gamahriya has encroached the land of the petitioner forcibly without any administrative approval of District Land Acquisition Officer, Madhepura, whereas earlier there was a soling road, which is situated near the house of Private Respondent No.12 to 17, but they were forcibly encroached the public's Land and they have started to remove soloing work over the original road, and encroached the public's land as well as the land of the petitioner forcibly.
ii. For further direction upon
Patna High Court CWJC No.11990 of 2017(5) dt.21-06-2023 3/4
the Respondent to immediately clear the land of the petitioner and also for direction upon the respondent to immediately clear the encroachment of the Public's Land, whereas there was soling road, which was earlier situated and the same has been encroached by the Private Respondent No. 12 to 17 and after removal of Bricks work over the soling, encroached the public's land, so far direction of the respondent no. 11 for removal Neocene under the provision of Section 133 of The Code of Criminal procedure that any unlawful obstruction or Neocene should be removed from any public's land, whereas the petitioner has already been filed an application under section 133 of the Code of Criminal procedure before the Sub-Divisional Officer, Madhepura, dated 07.04.2017 praying for removal of the encroachment of public's land, which has been encroached by the Private Respondent No. 12 to 17.
(iii) For further it is prayed that direction upon the respondent no. 11 to immediately demarcated
Patna High Court CWJC No.11990 of 2017(5) dt.21-06-2023 4/4
the land through the Anchal Amin in presence of higher officer.
(iv). For further prayed that during the pendency of the writ application may kindly stay the further proceeding, so that to not constructed the pitch road under Pradhan Mantri Gram Savak Yojana, Scheme, Ministry of Rural Development, Government of India till the demarcation of the public's land."
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 as are otherwise available under the law. Liberty, so sought, is granted.
The writ petition stands dismissed as not pressed.
(Mohit Kumar Shah, J)
kanchan/-
U
BRAJNANDAN KUMAR SON OF GAJENDRA YADAV
THE STATE OF BIHAR AND OTHERS
MOHIT KUMAR SHAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
