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