RAM DAYAL VIN Vs. STATE OF BIHAR
LAWS(PAT)-2022-2-34
HIGH COURT OF PATNA
Decided on February 04,2022

Ram Dayal Vin Appellant
VERSUS
STATE OF BIHAR Respondents


Referred Judgements :-

RURAL LITIGATION AND ENTITLEMENT KENDRA V. STATE OF U.P. [REFERRED TO]
SARASWATI INDUSTRIAL SYNDICATE LIMITED VS. UNION OF INDIA [REFERRED TO]
UNION OF INDIA VS. S B VOHRA [REFERRED TO]
RAND M TRUST VS. KORAMANGALA RESIDENTS VIGILANCE GROUP [REFERRED TO]
D.N. JEEVARAJ VS. CHIEF SECRETARY,GOVT. OF KARNATAKA & ORS. [REFERRED TO]


JUDGEMENT

- (1.)Heard learned counsel for the parties.
(2.)Petitioner has prayed for the following relief(s):-
"(i) For issuance of appropriate writ/order/direction commanding the State of Bihar and it's authority particularly respondent no. 13 Circle Officer (Anchal Adhikari) Bhorey, District- Gopalganj to remove the encroachment from the Public Land bearing Plot No. 316, Khata No. 141 of Mauza Viswa Khalsa (Thana No. 225) for smooth functioning and running of newly created Primary School under Anchal-Bhorey District- Gopalganj in terms of the appellate order dtd. 3/3/2020 (Annexure-3) in Paribad No. 515110102081901873/1A passed by the First Appellate authority under the Bihar right to Public Grievance Redressal Act, 2015 under the provisions of the Bihar Public Land Encroachment Act, 1956 as well as instruction mentioned in Letter No. 1323(6) dtd. 28/10/2019 (Annexure-4) issued under signature of the Additional Chief Secretary, Department of Revenue and Land Reforms Bihar, Patna as early as possible.

(ii) For issuance of appropriate writ/order/direction commanding the State of Bihar and it's authorities to take proper action under the Provisions of the Bihar Right to Publice Grievance Redressal Act, 2015 for non compliance of the Appellate order dtd. 3/3/2020 (Annexure-3) against the present Circle Officer (Anchal Adhikari) Bhorey, District-Gopalganj as he has voluntarily failed to take any proper action for compliance of the order aforesaid.

(iii) For issuance of any other relief/relief's which is essential in the eye of law in the facts and circumstance of the case."

(3.)We find that petitioner has an alternative remedy, equally efficacious in term of and under the provisions of the Bihar Public Land Encroachment Act, 1956.


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