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Writ of Mandamus prevent disorder  from  a  failure  of  justice  and  is  required to   be   granted   in   all   cases   where   law   has established   no   specific   remedy   and   whether justice  despite  demanded  has  not  been  granted: Patna High Court.

This case was filled by Surendra  Yadav,  son  of  Muneshwar  Yadav,  resident  of  Village-  Dhanauli,  P.O. and P.S. Baheri,  District  Darbhanga against the State of Bihar. The Judgment in Surendra Yadav v. The State of Bihar (Citation: CWJC  No.5122  of  2022) was passed by HONOURABLE THE CHIEF JUSTICE                  and HONOURABLE MR. JUSTICE S. KUMAR. 

FACTS OF THE CASE:

The Petitioner asked the Court to direct the Respondent to initiate the proceedings against the encroachment from the stated land. The petitioner also wants the court to direct the state respondent to cancel the line possession certificate issued by Circle Officer Baheri, Darbhanga with immediate effect and also to remove the cell phone tower installed on the land. At last the petitioner wants the Court to initiate criminal proceedings against the circle officer and other respondents for wrongful use of powers.

JUDGEMENT:

After going through the submissions made by the parties, the held that the Petitioner is at liberty  to  take recourse   to   such remedies   as   are   otherwise   available  in accordance  with law and the  authority concerned  shall dispose  of  the  matter expeditiously within  four months. At last it was stated by the court that the petitioners may approach the appropriate   forum for any subsequent  cause  of  action.

JUDGEMENT REVIEWED BY: AKANKSHA 

Click Here To View Judgement

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