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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WITHDRAWN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The application is dismissed as withdrawn.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 It held that the application could be withdrawn and consequently dismissed it as withdrawn.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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