Patna High CourtCR. WJC/246/2017dismissed

Banshi Pandit v. The State Of Bihar Through Principal Secretary Home, Patna, Bihar And ORS

2019-07-09Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.246 of 2017 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== Banshi Pandit, son of Late Mukund Pandit, resident of Mohalla-Sipara, Police Station-Beur, District-Patna.

... ... Petitioner

Versus

1. The State of Bihar through Principal Secretary Home, Patna, Bihar

2. The District Magistrate, Patna.

3. The Sub-Divisional Officer, Sadar, Patna.

4. Mahesh Nandan Yadav, son of Late Kishori Nandan Yadav

5. Upendra Singh Yadav, son of Late Kishori Nandan Yadav Respondent nos. 4 and 5 are resident of Mohalla-Sipara, Police StationBeur, District-Patna. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Pramod Ban Bihari Singh, Advocate For the Respondents-State:

Mr. Manish Kumar, GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date : 09-07-2019 This application has been filed by the petitioner under Article 226 of the Constitution of India for directing the respondents to restrain the private respondents no. 4 and 5, who are trying to encroach upon the land/house of the petitioner situated under Mauja-Sipara, Thana No. 27, Khesra No.277.

2. Several disputed questions of right, title and possession have been raised in the present application, which cannot be adjudicated in a writ proceeding. The petitioner has a remedy under the civil law before the court of competent jurisdiction. Instead of invoking the statutory remedy, the

Patna High Court CR. WJC No.246 of 2017 dt.09-07-2019 2/2 petitioner has filed the instant application Court under the extraordinary jurisdiction of this Court.

3. Regard being had to the facts and circumstances, I am not inclined to entertain this application under Article 226 of the Constitution of India.

4. The application is dismissed.

(Ashwani Kumar Singh, J.) Sanjeet/- AFR/NAFR NAFR CAV DATE NA Uploading Date 10.07.2019 Transmission Date NA