Raj Kumar Sahu v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16630 of 2016 ====================================================== Raj Kumar Sahu Son of Late Baleshwar Sah resident of village - Bairampur, Police Station Biraul, District - Darbhanga ... ... Petitioner/s
Versus
1.
The State of Bihar through Principal Secretary, Land Reforms, Bihar, Patna. 2.
The Commissioner, Darbhanga Division, Darbhanga 3.
The Collector, Darbhanga 4.
The Senior Superintendent of Police, Darbhanga 5.
The Sub - Divisional Officer, Biraul, Darbhanga 6.
The Land Reforms Deputy Collector, Biraul, Darbhanga 7.
The Officer - in - Charge, Biraul Police Station, Darbhanga 8.
The Circle officer, Biraul, Darbhanga 9.
Ramchandra Roy, Son of Late Gaya Prasad Roy 10.
Pradeep Kumar Roy, Son of Ramchandra Roy 11.
Ram Karan Roy, Son of Gaya Prasad Roy 12.
Bipin Kumar Roy, Son of Ram Karan Roy Respondents No. 9 to 12 are resident of village - Jagnnathpur, Police Station Biraul, District - Darbhanga 13.
Suresh Sahni, Son of Late Ayodhi Sahni, resident of village - Bairampur, Police Station Biraul, District - Darbhanga 14.
Sattan Sahni, Son of Late Mahendra Sahni 15.
Mohan Sahni, Son of Late Munshi Sahni Respondents No. 14 and 15 are resident of village - Bairampur, Police Station Biraul, District - Darbhanga ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Girish Chandra Jha, Advocate For the State :
Mr. Mukul Prasad, A.C. to G.P. 18 For the Respondents No.:
Mr. Brisketu Sharan Pandey, Advocate 11, 12 and 14 Ms. Aprajita, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT Date : 10-12-2019 Heard learned counsel for the parties.
Patna High Court CWJC No.16630 of 2016 dt.10-12-2019 2/3
2. The present writ application has been filed seeking direction commanding the respondents to protect his life and landed property as well as the family from the hands of the private respondents who are said to have encroached the petitioner's land, despite orders passed by the competent authority. It is being asserted that the private respondents are threatening the petitioner variously.
3. Learned counsel representing the private respondents No. 11, 12 and 14 has submitted that a title suit No. 118 of 2010 has been filed by the said respondents which is pending before the Sub Judge, Benipur, in respect of the 'land-dispute', which is being raised in the present writ application. He has submitted that this writ application is not maintainable considering the nature of dispute, between the petitioner and respondents, of being private in nature touching their respective title over a piece of land.
4. Considering the facts and circumstances of the case and the nature of dispute, I find force in submission made on behalf of the contesting respondents that the disputed questions of fact of this nature relating to title over immovable property, cannot ordinarily be gone into by this Court in a proceeding under Article 226 of the Constitution of India.
Patna High Court CWJC No.16630 of 2016 dt.10-12-2019 3/3
5. This writ application is, accordingly, disposed of with an observation that the petitioner shall have liberty to take appropriate steps in accordance with law and contest the suit which is said to be pending.
(Chakradhari Sharan Singh, J) S.Ali/- AFR/NAFR CAV DATE N.A.
Uploading Date 13/12/2019 Transmission Date N.A.