Patna High CourtCWJC/1469/2019dismissed

Sarita Devi v. The State Of Bihar And ORS

2019-01-24Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1469 of 2019 ====================================================== Sarita Devi, wife of Sri Ashok Kumar Mishra, Resident of Village/ MohallaBrahaman Tola Sabour, P.S. Sabour, District- Bhagalpur. ... ... Petitioner/s

Versus

1. The State Of Bihar through Principal Secretary, Department of Revenue.

2. The District Magistrate Cum District Collector, Bhagalpur.

3. The Divisional Commissioner, District Bhagalpur.

4. The Block Development Officer Sabour, District Bhagalpur.

5. The Circle Officer Sabour, District Bhagalpur.

6. The D.I.G Bhagalpur

7. The S I of Sabour Police District Bhagalpur.

8. Dhiraj Kumar Jha, son of Late Bisheshwar Jha R/o Brahaman Tola Sabour District Bhagalpur.

9. Manoj Kumar Jha, son of Late Bisheshwar Jha R/o Brahaman Tola Sabour District Bhagalpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Anupa Nand Jha For the Respondent/s :

Mr.Sajid Salim Khan (Sc25) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 24-01-2019 The petitioner is seeking direction to remove the illegal construction on a piece of land, which, according to the petitioner, was to be left for passage in terms of the recitals in the sale deed executed by respondent no. 8.

Upon carefully going through the pleadings in the writ petition and the documents annexed in support of the averments, I am of the view that the petitioner is raising a civil dispute between her and the private respondents in a proceeding under Article 226 of the Constitution of India, which cannot be maintained.

Patna High Court CWJC No.1469 of 2019(2) dt.24-01-2019 2/2 This application is dismissed for the said reason. The petitioner shall have the liberty to approach competent court of civil jurisdiction, or any other forum, if permissible, for adjudication of his dispute, in accordance with law.

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