Patna High Court
Ruby KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- MOHIT KUMAR SHAH
Holding
The Court granted the petitioners liberty to pursue other legal remedies and disposed of the petition.
Summary
The petitioners, Ruby Kumari and Vibha Kumari, filed a writ petition against the State of Bihar and several officials alleging that an encroachment on their land had not been fully remedied. The High Court had earlier, on 4 April 2023, ordered removal of the encroachment in CWJC No.9741 of 2016, which the petitioners confirmed had been effected. However, they sought liberty to pursue any remaining grievance through other legal remedies. The Court examined whether such liberty could be granted after compliance with the earlier order. Finding that the encroachment had indeed been removed, the Court granted the petitioners liberty to approach other remedies and disposed of the petition.
Issues considered
- Whether the petitioners may be granted liberty to pursue further legal remedies after the earlier court order has been complied with
- Whether the petition should be dismissed on the ground that the encroachment has been removed
Subjects
- encroachment
- land reform
- writ jurisdiction
- liberty to approach remedies
- petition disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1050 of 2024
In
Civil Writ Jurisdiction Case No.9741 of 2016
======================================================
1. Ruby Kumari Wife of Shri Vishwajeet Kumar Sharma, Resident of village
Marsua, Post Office, Police Station Anchal Wen District Nalanda.
2. Vibha Kumari, Wife of Shri Rabish Kumar, Resident of village Marsua, Post
Office, Police Station Anchal Wen District Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Brajesh Mehrotra, the Chief Secretary, Government of Bihar, Patna.
3. Kumar Ravi, Commissioner, Patna Division, Patna.
4. Shashank Shubhankar, the Collector, Nalanda.
5. Ashok Mishra, Superintendent of Police, Nalanda.
6. Upendra Singh, the Deputy Collector, Land Reforms, Rajgir, Nalanda.
7. Rashmi Raj Shweta, the Circle Officer, Wen, Nalanda.
8. Pawan Singh, Son of Late Ram Lakhan Singh, Resident of village Marsua,
Post Office, Police Station Anchal Wen District Nalanda, Respondent No. 8
is at present working as Assistant Teacher Primary School Naudharia, Post
office Usani, Police Station Manpur, District - Gaya.
9. Chunchun Singh, Son of Sri Pawan Singh, Resident of village Marsua, Post
Office, Police Station Anchal Wen District Nalanda,
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Santosh Kumar Sinha 2, Advocate
For the Opposite Party/s : Mr.Additional Advocate General 12
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL ORDER
7 24-04-2026 It is accepted across the Board that in compliance of
the order of this Court dated 04.04.2023, passed in CWJC
No.9741 of 2016, the encroachment in question has stood
removed, however the learned counsel for the petitioner seeks
liberty on behalf of the petitioner to agitate his subsisting
grievance by resorting to such remedies as are otherwise
Patna High Court MJC No.1050 of 2024(7) dt.24-04-2026
2/2
available under the law. Liberty so sought is granted.
2. The petition stands disposed of.
(Mohit Kumar Shah, J)
kanchan/-
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