Dismissed¶19

Raghav Prasad Shahi v. The State of Bihar

Patna HC16 Feb 2024CWJC/2916/2024

Case brief

AI extract

What is this about?

Patna High Court CWJC No.2916 of 2024 (Raghav Prasad Shahi v. State of Bihar and others), decided 16-02-2024 by oral judgment of Chief Justice K. Vinod Chandran with Harish Kumar, J. Maintainability of a Public Interest Litigation / invocation of extraordinary writ jurisdiction refused where an alternate efficacious remedy exists under the Bihar Public Land Encroachment Act, 1956; writ petition dismissed with liberty to pursue the statutory remedy; merits and petitioner's locus standi expressly left undecided for the Appropriate Authority under the 1956 Act.

What did the court decide?

Liberty to proceed under the Bihar Public Land Encroachment Act, 1956; dismissal made without any observation on merits or on the petitioner's locus standi. ¶19

Raghav Prasad Shahi Vs The State of Bihar — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2916 of 2024

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======================================================

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Raghav Prasad Shahi, Son of Late Ram Chandra Shahi, Resident of VillageGoraiya, P.S.- Gorigama, P.S.-Kudhani, Dist.- Muzaffarpur.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Addl. Chief Secretary Department of Revenue & Land Reforms, Govt. of Bihar, Patna.

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The District Magistrate-Cum-Collector, Dist.-Muzaffarpur.

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The Additional Collector, Dist.-Muzaffarpur.

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The Deputy Collector, Land Reforms, Kudhani, Muzaffarpur.

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The Circle Officer, Kudhani, Block, Muzaffarpur.

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Narendra Kumar Singh, Son of Late Devendra Prasad Singh, Resident of Village-Goraiya, P.O.-Gorigama, P.S.-Kudhani, Dist.-Muzaffarpur.

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Dhiraj Kumar Singh, Son of Late Kedar Singh, Resident of Village-Goraiya, P.O.-Gorigama, P.S.-Kudhani, Dist.-Muzaffarpur.

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Amrendra Kumar Singh, Son of Pankaj Singh, Resident of Village-Goraiya, P.O.-Gorigama, P.S.-Kudhani, Dist.-Muzaffarpur.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Sunil Kumar, Advocate For the Respondent/s : Mr. P.K. Shahi, Advocate General ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

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Date : 16-02-2024

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The petitioner has an alternate remedy to 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.

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Patna High Court CWJC No.2916 of 2024 dt.16-02-2024 2/2

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Present petition stands dismissed with the

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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.

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(K. Vinod Chandran, CJ)

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(Harish Kumar, J)

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P.K.P./-

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AFR/NAFR
CAV DATE
Uploading Date	16.02.2024
Transmission Date

Raghav Prasad Shahi v. The State of Bihar

Case brief

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Raghav Prasad Shahi v. The State of Bihar

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