Petitioner filed a writ petition challenging encroachment proceedings and seeking possession of land. Petitioner withdrew the petition during arguments. Court granted liberty for alternative remedies and dismissed the petition as not pressed.
Petitioner's petition dismissed as not pressed. Liberty granted to pursue alternative remedies.
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.18316 of 2022
======================================================
Yugeshwar Singh Son of Late Raj Nandan Singh Resident of Village-Pinjari, Police Station-Barbigha, District-Sheikhpura.
... ... Petitioner/s
Versus
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bipin Kumar For the Respondent/s : Mr.Raj Kishore Roy (Gp18)
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
2 04-07-2023 The present writ petition has been filed seeking the
following reliefs:-
“1(i). For issuance of writ/writs in the nature of certiorari for setting aside of the order dated 29.1.2016 passed in Encroachment Appeal No. 7 of 2015 passed by the learned District Magistrate-cum-Collector, Sheikhpura, the Respondent No. 2 whereby and whereunder the Encroachment Appeal No. 7 of 2015 has been rejected.
(ii). For issuance of writ / writs, in the nature of certiorari for setting aside of letter issued in Memo No. 863 dated 19.9.2018 in connection
Patna High Court CWJC No.18316 of 2022(2) dt.04-07-2023
2/2
with Encroachment Case No. 1 of 2014-15 whereby and whereunder the petitioner has been directed to remove the encroachment over the land situated in Mauza Pinjari Khata No. 181, Khesra No. 1575 Area 9 ¼ decimal. (iii). For issuance of writ/writs in the nature of mandamus commanding the respondents not to disturb the peaceful possession of the petitioner over the aforesaid land upon which a pucca house has been constructed by the petitioner since long back.”
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 including that of filing civil suit before the learned Civil Court having competent jurisdiction. Liberty, so sought, is granted.
The writ petition stands dismissed as not pressed.
(Mohit Kumar Shah, J)
Ajay/- U
Yugeshwar Singh
The State of Bihar through the Principal Secretary, Department of Land Reforms, Government of Bihar, Patna
The District Magistrate-Cum-Collector, Sheikhpura
The Superintendent of Police, Sheikhpura
The Sub Divisional Officer, Sheikhpura
The Deputy Superintendent of Police, Sheikhpura
MOHIT KUMAR SHAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
