Patna High Court
Shashi Ranjan SinghversusThe State of Bihar through Sri Robert L. Chongthu, The Principal Secretary
- Decided
- Disposal
- WITHDRAWN
Holding
The application is dismissed as withdrawn.
Summary
Shashi Ranjan Singh filed an application alleging that the State of Bihar had not complied with a direction dated 25 October 2024 in Civil Writ Jurisdiction Case No. 16053 of 2024. The earlier order had dismissed the petition on the ground that the petitioner could pursue relief under the Bihar Public Land Encroachment Act, 1956 and that a Public Interest Litigation was not maintainable where an alternate efficacious remedy existed. The petitioner later sought the Court's permission to withdraw the application. The Court considered whether the withdrawal request could be entertained in view of the earlier direction. It held that the application could be withdrawn and consequently dismissed it as withdrawn. No merits of the original petition were examined.
Issues considered
- Whether the petitioner could maintain a Public Interest Litigation despite the availability of an alternate remedy under the Bihar Public Land Encroachment Act, 1956.
- Whether the Court could entertain a request to withdraw the application alleging non‑compliance of the earlier order.
Legislation cited
Subjects
- Public Interest Litigation
- alternate remedy
- jurisdiction
- withdrawal of application
- Bihar Public Land Encroachment Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3877 of 2025
In
Civil Writ Jurisdiction Case No.16053 of 2024
======================================================
Shashi Ranjan Singh
... ... Petitioner/s
Versus
The State of Bihar through Sri Robert L. Chongthu, The Principal Secretary
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Anu Priyadarshni, Advocate
For the Opposite Party/s : Mr.Advocate General
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
and
HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE PARTHA SARTHY)
3 18-02-2026 Heard learned counsel for the petitioner and learned
counsel for the opposite parties.
2. The instant application has been filed alleging non-
compliance of the direction contained in order dated 25.10.2024
passed in C.W.J.C. No. 16053 of 2024.
3. The order dated 25.10.2024 reads as follows:
The petitioner has an alternate
remedy 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
Patna High Court MJC No.3877 of 2025(3) dt.18-02-2026
2/2
of the extraordinary power possible;
when there is such an alternate
efficacious remedy available.
2. 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.
4. After some argument, learned counsel for the
petitioner seeks permission to withdraw this application.
5. This application is dismissed as withdrawn.
(Partha Sarthy, J)
( Rajiv Roy, J)
Ravi/-
U
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