VISHESHWAR MANDAL Vs. STATE OF BIHAR
LAWS(PAT)-2022-2-43
HIGH COURT OF PATNA
Decided on February 25,2022

Visheshwar Mandal Appellant
VERSUS
STATE OF BIHAR Respondents




JUDGEMENT

- (1.) Heard learned counsel for the parties.
(2.) Petitioner has prayed for the following relief(s):- 1. That by this Public Interest Litigation (PIL) writ application the petitioner craves indulgence of this hon'ble court for issuance of writ of mandamus for directing and commanding upon the respondent authorities to remove the encroachment made upon Gairmajarua Aam land from Old Khesra no. 8584, 8788, 7177, 8575, 8526, 8335, 8378, 8275, 8193, 8042, 8478, 8340, 8600, 8405 of Mauza Brahampur, Anchal Ghoghardiha, Thana no. 104, District- Madhubani which have been encroached and/or for issuance of appropriate writ or direction for which your lordship may deem fit and proper under the circumstances of the case stated hereinafter." 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. Confronted as to why the petitioner has not taken recourse to such remedies, we see no answer forthcoming.
(3.) We see that the present petition is in the nature of private interest litigation and not public interest litigation, inasmuch as dispute between the private parties stands highlighted. As such, we refrain from issuing any notice. Learned counsel for the State opposes the petition stating that the petition is misconceived; raises disputed question of fact; is not in public interest; and that the issue can be best resolved at the local level by the appropriate authorities. ;


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