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Patna High CourtCWJC/3828/2020disposed

Sanjeet Kumar Singh v. The State Of Bihar

2023-10-09Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3828 of 2020 ====================================================== Sanjeet Kumar Singh Son of Laldeo Singh Resident of Village- Chaksai, P.s.- Dhanarua, District- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar through the Collector, Patna 2.

The Sub Divisional Officer, Masaurhi, District Patna 3.

The Deputy Collector Land Reform, Masaurhi, District Patna 4.

The Circle Officer, Dhanarua, district Patna 5.

Satyendra Kumar Son of Late Binda Prasad Resident of Village- Chaksai, P.s.- Dhanarua, district- Patna 6.

Satish Kumar Son of Late Binda Prasad Resident of Village- Chaksai, P.s.- Dhanarua, district- Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Narayan Singh For the Respondent/s :

Mr.Subash Chandra Yadav ( Gp15 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-10-2023 Heard learned counsel for the petitioner and the State. 2.Writ petition has been filed for directing the respondent authorities to demarcate the land of the petitioner mentioned in paragraph 4 of the writ petition and to provide necessary protection in erection of boundary wall.

3. Learned counsel for the petitioner submits that in compliance of notice dated 30.8.2019, issued in Measurement Case No.33 of 2019-20, petitioner has already deposited the cost of Amin vide receipt contained in annexure 5. in paragraph 10 of the writ petition, learned counsel submits that vide letter

Patna High Court CWJC No.3828 of 2020(2) dt.09-10-2023 2/2 dated 25.9.2019 was issued by the CO, Dhanarua it was communicated that because of dispute of partition, there is apprehension of breach of piece, and as such, demarcation cannot be made.

4. It is settled position of law that the writ jurisdiction of the High Court does not extend to dispute between private parties relating to properties, right and title. It is a pure civil dispute for which, a regular suit in a competent civil court is the only remedy. The same cannot be adjudicated in writ jurisdiction by impleading some public authority and seeking direction against them.

5. With the aforesaid observations, writ petition stands disposed of.

(Prabhat Kumar Singh, J) shashi/- U