Yogendra Ram v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3610 of 2019 ====================================================== Yogendra Ram, S/o Late Ramayan Ram, Resident of Village-Mokar, P.S. Agarer , Anchal-Sasaram, Dist.-Rohtas ... ... Petitioner/s

Versus

1. The State Of Bihar through Chief Secretary, Govt. of Bihar,Patna

2. The Collector, Rohtas, Dist.-Rohtas, Sasaram

3. The Additional Collector, Land Reform, Rohtas, Dist.-Rohtas

4. The Circle Officer, Sasaram, P.S. Sasaram,Dist.-Rohtas

5. Radha Ram, S/o Late Mangu Ram, Resident of Village-Mokar P.S. Agarer, Anchal-Sasaram,Dist.-Rohtas

6. Chhatu Ram, S/o Mangu Ram, resident of Village-Mokar, P.S. Agarer, Anchal-Sasaram, Dist.-Rohtas ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajendra Kumar Deo For the Respondent/s :

Mr. Raj Kishore Roy (Gp18) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-02-2019 The petitioner is seeking removal of encroachment from a piece of land, which, according to him, belongs to him and has been encroached upon by the private respondent nos. 5 and 6.

There appears to be dispute as to who has the title and who is in lawful possession over the land, in question. The petitioner's remedy lies either by way of filing a suit or by approaching the competent authority under Bihar Land Disputes Resolution Act, 2009.

The dispute of the nature, as emerging on the basis of the pleadings in the writ application, cannot be gone into in a

Patna High Court CWJC No.3610 of 2019(2) dt.25-02-2019 2/2 proceeding under Article 226 of the Constitution of India. This application is disposed of with a liberty to the petitioner to take recourse of appropriate provisions of law, as he may lawfully advised.

(Chakradhari Sharan Singh, J.) ragini/- U √