Shyam Kishore @ Nawal Prasad v. The State of Bihar
Alternate remedy – Public Interest Litigation – maintainability
Case brief
What is this about?
Shyam Kishore @ Nawal Prasad v. The State of Bihar and others; Patna High Court, CWJC No.4397 of 2024, oral order dated 15-03-2024; Coram: K. Vinod Chandran, CJ (author) and Harish Kumar, J; Petitioner's counsel: Mr. Arun Kumar No. 1; Respondents represented by the Advocate General. Subject matter: alleged land encroachment by private respondent Sitaram Chaudhary at Vill. Horma, P.S. Khizer Sarai, Dist. Gaya. Key terms: public interest litigation, maintainability, alternate efficacious remedy, Bihar Public Land Encroachment Act 1956, extraordinary writ jurisdiction, locus standi left open, dismissal with liberty. Disposition: petition dismissed with liberty to proceed under the 1956 Act; no observation on merits or locus standi.
What did the court decide?
Liberty to the petitioner to proceed under the Bihar Public Land Encroachment Act, 1956; dismissal without any observation on merits or on the petitioner's locus standi.