Rajo Devi v. The State Of Bihar And ORS

Patna High Court CWJC No.2297 of 2016 (2) dt.04-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2297 of 2016 ====================================================== Rajo Devi, wife of Sidhnath Chaurasia, resident of Mohalla-Shanti Nagar, Maulabag, P.S.-Ara Town, District-Bhojpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Collector, Bhojpur, Ara

3. The Sub-Divisional Officer, Bhojpur at Ara

4. The Circle Officer, Ara, Sadar, Ara

5. The Commissioner, Municipal Corporation, Bhojpur, Ara

6. The Executive Officer, Ara Nagar Parisahd, Ara

7. The Superintendent of Police, Bhojpur at Ara

8. The Officer-in-Charge of Ara, Town, Police Station- Ara .... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Anish Chandra Sinha, Advocate For the Respondent/s : Mr. Awanish Nandan Sinha, GP-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 04-02-2016 Despite the order of this Court passed in the earlier round of litigation arising from CWJC No. 14819 of 2006 present at Annexure-2 whereby this Court has expressly held that the Court would not enter into the legality or technicality whether the Municipality had power to demolish the boundary wall yet the petitioner returns complaining against the exercise so carried out by the authorities in the light of the order so passed. The operating portion of the order of this Court clearly mentions that if aggrieved, the remedy for the petitioner would lie before the Civil Court and that no relief can be extended until such declaration comes. The writ petition being thoroughly misconceived and raising identical issue is dismissed accordingly.

(Jyoti Saran, J) S.Sb/- U