Shivnandan Prasad vs The State Of Bihar
2023 Latest Caselaw 5234 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.14451 of 2023
     ======================================================

Shivnandan Prasad Son of Late Indradev Prasad, Resident of Ghatera, P.S. Guraru, District Gaya, Bihar./

... ... Petitioner/s Versus

1. The State of Bihar through Chief Secretary, Government of Bihar, Patna.

2. The District Magistrate, Gaya, Bihar.

3. The Senior Superintendent of Police, Gaya, Bihar.

4. The Deputy Collector Land Reforms, Tekari, District Gaya, Bihar.

5. The Circle Officer, Guraru, District Gaya, Bihar.

6. The Officer Incharge Guraru Police Station, District Gaya, Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ansh Prasad, Advocate For the Respondent/s : Mr. P.K. Shahi ( AG ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJIV ROY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 10-10-2023

The present writ petition has been filed as a public

interest litigation seeking direction for removal of the

encroachment and illegal construction on the public

Gairmazarua Aam land admeasuring 4 Acres 14 Decimals

within the jurisdiction of Circle Officer, Guraru.

2. In the present petition, the petitioner has named

many encroachers but has not impleaded any of them, which is a

clear abuse of process of law.

3. In any event, the petitioner has an alternate remedy Patna High Court CWJC No.14451 of 2023 dt.10-10-2023

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.

4. Present petition stands dismissed with the 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.

(K. Vinod Chandran, CJ)

( Rajiv Roy, J)

kiran/anushka-

AFR/NAFR                 NAFR
CAV DATE                 N/A
Uploading Date           13.10.2023
Transmission Date