Bikram Chaudhary v. The State Of Bihar And ORS

Patna High Court CWJC No.91 of 2015 (3) dt.06-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.91 of 2015 ====================================================== Bikram Chaudhary Son of Late Rajdeo Chaudhary, resident of villageNagad Poiyan, P.O -Chhitauna P.S- Kateya, District - Gopalganj (Bihar). .... .... Petitioner/s

Versus

1. The State of Bihar through District Magistrate Gopalganj.

2. The Additional Collector, Gopalganj.

3. Land Reforms Deputy Collector (L.R.D.C) Gopalganj.

4. The Circle Officer, Kateya, District- Gopalganj.

5. Sudama Chaudhary son of Late Mahadeo Chaudhary Village- Nagad Poyan, P.O- Chhitauna, P.S- Kateya, Distt- Gopalganj (Bihar). .... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Dhananjayu Kumar Singh, Advocate For the Respondent/s : Mr. Sharad Kumar Sinha, G.P.-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 06-02-2015 This matter was taken up on 5.2.2015 when counsel for the petitioner was not present while counsel for State was in attendance and the matter was passed over. Even today, there is no representation on behalf of the petitioner.

The prayer in writ petition requires a direction to the respondents to remove the encroachment committed by the private respondent no. 5 on a land which the petitioner claims to be his raiyati land.

Admittedly the dispute is of private in nature and the provisions of the Public Land Encroachment Act would not be applicable and in the circumstances the writ petition is disposed of with liberty to the petitioner to take recourse to such other remedy as may be available to him in law.

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