 seeking directions to the Respondents with regard to removal of the encroachment from the public land/road passing through the land connecting the main road of the village, situated within Mauja Shukulpurva, District Kaimur (Bhabhua)){kind=link}
The Patna High Court dismissed a Public Interest Litigation (PIL) seeking directions to the Respondents with regard to removal of the encroachment from the public land/road passing through the land connecting the main road of the village, situated within Mauja Shukulpurva, District Kaimur (Bhabhua).
The petitioners alleged that the public land has been illegally encroached by some of the muscle men of the locality who cut the Rasta/Road causing great inconvenience to the local public.
On perusal of the averments made in the application, the Division Bench of Chief Justice K. Vinod Chandran and Justice Partha Sarthy noted that the case of the petitioner is that the road in question which is the only road connecting the village to the main village road has been encroached upon by the six persons, whose names find mention in the representation addressed to the District Magistrate, Bhabhua (Kaimur). No action having been taken by the respondents for removal of encroachment from the public land/road, thus, the instant Public Interest Litigation.
The petitioner has not made the alleged encroachers as party respondents in the application .
Further in the opinion of the Court, for the relief prayed for herein, the petitioner has an equally alternative and efficacious remedy of moving the appropriate authority by filing an appropriate case under the Bihar Public Land Encroachment Act, 1956.
In view of the alternative and efficacious statutory remedy being available to the petitioner, the instant Public Interest Litigation will not be maintainable, held by the High Court.