Writ petition against Bihar State Housing Board notices ordering occupants to vacate long-held houses was withdrawn by petitioners, who sought liberty to pursue alternative remedies. The court granted liberty and dismissed the petition as not pressed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4647 of 2017
======================================================
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Ram Prawesh Kumar,Adv. For the State : Mr.Kinkar Kumar,SC-9 Mrs.Deepika Sharma,AC to SC-9 For the Board : Mr.Suman Kumar Mishra,Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL ORDER
The present writ petition has been filed
2 21-04-2023
Patna High Court CWJC No.4647 of 2017(2) dt.21-04-2023 2/3
seeking the following relief:-
“1.I. For issuance of a writ in the nature of certiorari and /or other appropriate writ/ writs by quashing/setting aside the notice contained in memo no.1402, 1392 dated 10.12.2015 and also notice contained in memo no.611, 607, 600, and 609 respectively dated 8.9.2016, whereby and whereunder the petitioners have been directed to vacate the house in which they are residing along with whole family members for more than fifteen years.
II. For further direction to settle the land in question in favour of the petitioners in accordance with law upon which the petitioners have constructed the house and living in the said house since more than 15 years with their families.
III. For issuance of a writ in the nature of mandamus directing /commanding to the concerned respondents not to dispossess the petitioners from the land in question till final decision of the present case.”
At the outset, the learned counsel for the petitioners seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioners to avail such other alternative remedies
Patna High Court CWJC No.4647 of 2017(2) dt.21-04-2023 3/3
as are otherwise available under the law, for redressal of their aforesaid grievances. Liberty so sought is granted.
The writ petition stands dismissed as not pressed.
(Mohit Kumar Shah, J)
S.Sb/Sonal-
U
1 issue framed by the court
Should the notices directing the petitioners to vacate houses occupied for over fifteen years be quashed?
Sanjay Sah
Kumod Kumar alias Kumod Kumar Mandal
Pawan Kumar alias Pawan Kumar Guha
Jaymod Kumar Mandal
Ram Chandra Sah
Priyanka Kumari
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
