The court held that a writ application seeking mandamus to prevent eviction from government land is not maintainable because the petitioners had previously moved the Lok Shikayat Nivaran Officer and failed to challenge the rejection order, which has since attained finality.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.23242 of 2018
======================================================
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Rajeev Ranjan For the Respondent/s : Mr. Subhash Pd. Singh, GA-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
2 05-05-2023 Heard learned counsel for the petitioners and learned counsel for the State.
From bare perusal of the prayer made in the writ application, the present writ application is not maintainable simply for the reason that the petitioners have sought mandamus upon the authorities not to evict them on the ground that they are on the barren land of the Government for a considerable period of time when from perusal of the pleadings made in the
Patna High Court CWJC No.23242 of 2018(2) dt.05-05-2023 2/2
writ application, it manifest that the petitioners against the same relief had moved before the Lok Shikayat Nivaran Officer who had rejected the claim of the petitioners by his order dated 12.10.2018 on the ground that petitioners had not applied for settlement. Since the petitioners have not challenged the order passed by the Lok Shikayat Nivaran Officer by which their claim was rejected, as such in absence of challenge, the order passed by Lok Shikayat Nivaran Officer has attained finality and accordingly, the present writ application is not maintainable, as the Court cannot issue any mandamus upon the authorities when the claim of the petitioners stands rejected as aforesaid.
Accordingly, the present writ application stands
dismissed.
(Satyavrat Verma, J)
Rishabh/-
U
1 issue framed by the court
Whether the writ application seeking mandamus to prevent eviction is maintainable when the petitioners have not challenged the rejection order of the Lok Shikayat Nivaran Officer.
Santosh Kumar @ Santosh Kumar Kohar
The State Of Bihar
Satyavrat Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
