Disposed¶30

Ramesh Kumar v. The State of Bihar

Patna HC3 Jan 2025CWJC/7231/2024

Case brief

AI extract

What is this about?

CWJC No.7231 of 2024; Patna High Court; Ramesh Kumar v. State of Bihar; Mohit Kumar Shah, J; order dated 03-01-2025; encroachment of public land; Khata No. 106; Plot No. 506; Thana No. 179; Mauza Magardahi; Jitwarpur Anchal; Samastipur; respondent no. 9 Amresh Sharma; Anchal Amin measurement; writ petition not pressed; withdrawal; liberty to avail alternative remedies; civil suit before competent Civil Court; petition disposed of; no substantive adjudication.

What did the court decide?

Liberty to the petitioner to avail such other alternative remedies as are otherwise available under the law, including filing a civil suit before the Ld. Civil Court having competent jurisdiction; no substantive relief on the encroachment grievance. ¶30

Ramesh Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether directions should issue to the concerned respondents to remove the alleged encroachment from public land (Khata No. 106, Plot No. 506, Thana No. 179, Mauza Magardahi, Jitwarpur Anchal, District-Samastipur) and to prohibit Respondent No. 9 from making illegal encroachment of the public land; raised by the prayer but not adjudicated, as the petition was not pressed.

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Ratio / Principle

The learned counsel for the petitioner sought not to press the writ petition and sought liberty to avail alternative remedies available under the law, including filing a civil suit before the Civil Court of competent jurisdiction; the Court granted the liberty so sought.

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Key takeaways

The writ petition stands disposed of, no substantive relief being adjudicated upon.ratio¶30

Detailed headnote1 paragraphs

Patna High Court (Mohit Kumar Shah, J), oral order dated 03-01-2025 in Civil Writ Jurisdiction Case No.7231 of 2024 (Ramesh Kumar v. The State of Bihar & others). The petitioner prayed for directions to the revenue/municipal authorities to remove an alleged encroachment from public land appertaining to Khata No. 106, Plot No. 506, Thana No. 179, Mauza Magardahi, Jitwarpur Anchal, District-Samastipur, after measurement by the Anchal Amin, and to prohibit respondent no. 9 (Amresh Sharma) from encroaching thereon so as to secure free ingress and outgress. At the outset, learned counsel for the petitioner did not press the petition and sought liberty to pursue alternative remedies available under the law, including a civil suit before the competent Civil Court; liberty was granted and the writ petition was disposed of without adjudication of the substantive grievance. No statutory provision or precedent was cited and no issue was decided by the Court.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7231 of 2024

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Ramesh Kumar S/o Late Ramchandra Mahto Resident of Village- Magardahi, Old Ward No.- 15, New Ward No.- 35, P.S.- Town, District- Samastipur.

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... ... Petitioner/s

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Versus

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The State of Bihar through its Additional Chief Secretary of Land and Revenue Department of the Govt. of Bihar, Patna.

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The Secretary of SC/ST State Commission, Govt. of Bihar, Patna.

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The District Magistrate, Samastipur, Municipal Commissioner, Samastipur.

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The Municipal Council, Samastipur.

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The Sub Divisional Officer, Samastipur.

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The District Welfare Officer, Samastipur District.

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The Circle Officer of Jitwarpur Circle of the Samastipur District.

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The S.H.O. of Samastipur Town Police Station of Samastipur.

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Amresh Sharma S/o Mahesh Sharma Resident of Village- Magardahi, Old Ward No.- 15, P.S.- Towan, District- Samastipur.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s For the Respondent/s

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: Mr.Pankaj Kumar, Advocate : Mr. Jitendra Kumar, AC to AAG-11

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

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3 03-01-2025

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The present writ petition has been filed

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seeking the following reliefs:-

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“1. (i) For issuance of direction to the concerned respondents to remove the encroachment from the Public Land appertaining to Khata No. 106, Plot No. 506, Thana No. 179, situated at Mauza Magardahi under Samastipur town of Jitwarpur Anchal, District-Samastipur, after getting proper measurement done by the Anchal Amin.

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(ii) For issuance of direction to the authorities concerned to prohibit the Respondent No. 9 from making illegal encroachment of the public land

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Patna High Court CWJC No.7231 of 2024(3) dt.03-01-2025 2/2

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pertaining to Khata No.106, Plot No. 506, Thana No. 179 of Magardahi Mauza, Anchal-Samastipur, DistrictSamastipur and as such ensure the free ingress and outgress of the petitioner from the aforesaid mentioned land without any obstruction.”

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At the outset, 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 a civil suit before the Ld. Civil Court having competent jurisdiction, for redressal of the aforesaid grievances. Liberty, so sought, is granted.

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The writ petition stands disposed off.

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(Mohit Kumar Shah, J)

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S.Sb/-

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Ramesh Kumar v. The State of Bihar

Case brief

What is this about?

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Ramesh Kumar v. The State of Bihar

Case brief

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What the court decided

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