The Patna High Court dismissed the public interest litigation petition. The court held that an efficacious alternative remedy existed under the Bihar Public Land Encroachment Act, 1956, barring the invocation of extraordinary writ jurisdiction.
The petition stands dismissed without an observation on merits.
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.14610 of 2018
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Vimal Kumar Pandey, Son of Rajeshwar Pandey Resident of Village - Gheuriya, P.O. Sukarwelya, Police Station - Itarhi, District - Buxar.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Abhitabh Kumar, Advocate For the Respondent/s : Mr. Vikash Kumar, SC 11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJIV ROY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)
Date : 17-10-2023
Heard learned counsel for the parties.
proceed under the Bihar Public Land Encroachment Act, 1956. There cannot be maintained a Public Interest Litigation on the subject matter nor is the invocation of the extraordinary power possible; when there is such an alternate efficacious remedy available.
Patna High Court CWJC No.14610 of 2018 dt.17-10-2023 2/2
liberty aforesaid; without any observation on merits, or even the locus standi of the petitioner, which has to be decided by the Appropriate Authority under the Act of 1956.
(K. Vinod Chandran, CJ)
( Rajiv Roy, J)
kiran/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | N/A |
| Uploading Date | 18.10.2023 |
| Transmission Date |
1 issue framed by the court
Whether the petitioner is entitled to invoke Public Interest Litigation given the availability of an efficacious alternative remedy under the Bihar Public Land Encroachment Act, 1956.
1 provisions across 1 enactments
Vimal Kumar Pandey
The State of Bihar
District Magistrate, Buxar
Circle Officer, Circle Itarhi
Officer Incharge, Police Station - Itarhi
Sri Tarkeshwar Nath Choubey
Chief Justice
Rajiv Roy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
