IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1678 of 2016 ====================================================== Pradeep Kumar S/o Late Ram Lakhan Yadav, R/o Village- Baiju Bigha, P.S. P.O.- Bodh Gaya, District- Gaya ... ... Petitioner/s Versus 1. The State Of Bihar, the District Magistrate, Gaya. 2. The Circle Officer, Bodh-Gaya, Gaya. 3. Surendra Kumar Yadav, S/o Sary Yadav, R/o Pachatti, Bodh Gaya, P.S.-Bodh Gaya, P.O.-Bodh Gaya, District-Patna. 4. Raiv Kumar, S/o Sri Chandra Dev Singh, R/o Pachatti, Bodh Gaya, P.S.- Bodh Gaya, P.O.-Bodh Gaya, District-Patna. 5. Purusottam Kumar, S/o Ajay Kumar Arya, R/o Pachatti, Bodh Gaya, P.S.- Bodh Gaya, P.O.-Bodh Gaya, District-Patna. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. S.M. Sabbir Alam, Advocate For the Respondent/s : Mr. Sunil Kumar Mandal, SC-3 Mr. Arjun Prasad, AC to SC-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 9 09-07-2025 Heard learned counsel for the petitioner and learned counsel appearing for respondents-State. 2. The order under challenge in the present writ application is an order passed by the District Magistrate, Gaya in purported exercise of power under sub-section (1) of Section 6 of the Bihar Public Land Encroachment Act, 1956. This order is appealable before the Commissioner of the Division under Section 11(1)(ii) of the said Act. 3. Learned counsel for the petitioner fairly submits that since there is an alternative remedy of appeal available to the Patna High Court CWJC No.1678 of 2016(9) dt.09-07-2025 2/2 petitioner, therefore, he would like to withdraw this writ application with liberty to file appeal before the Commissioner of the Division. 4. As prayed for, the petitioner is allowed to withdraw this writ application with liberty to challenge the order dated 07.05.2015 passed by the District Magistrate, Gaya in Land Encroachment Case No.21 of 2014 by filing an appropriate appeal before the Commissioner of the Division in terms of Section 11(1)(ii) of the Bihar Public Land Encroachment Act. If such an appeal is filed by the petitioner the same shall be decided in accordance with law. 5. With the aforesaid liberty granted to the petitioner, the present writ application is allowed to be withdrawn. Prakash Narayan (Alok Kumar Sinha, J) U