The petitioner has an alternative remedy for issuance of writ of mandamus to remove the encroachment under the provisions of the Bihar Public Land Encroachment Act, 1956 was upheld by the High Court of Patna through the learned bench led by HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR in the case of Visheshwar Mandal Vs. The State of Bihar (Civil Writ Jurisdiction Case No.2215 of 2022) on 25-02-2022.
Brief facts of the case are that the petitioner has prayed 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 of Mauza which have been encroached and/or for issuance of appropriate writ or direction.
The learned Counsel for the State opposed 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.
In view of facts and circumstances, court held that the petitioner has an alternative remedy, equally efficacious in term of and under the provisions of the Bihar Public Land Encroachment Act, 1956. Present petition is in the nature of private interest litigation and not public interest litigation, inasmuch as dispute between the private parties stands highlighted.
The Court observed that “Liberty reserved to the petitioner to take recourse to such remedies as are otherwise available in accordance with law. When the petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch.”
Written by- Riya Singh, Legal Intern, Prime Legal