Maheshwar Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3429 of 2015 ====================================================== Maheshwar Prasad Son of Late Bindeshwar Prasad, resident of MohallaGopalpur, P.S.- Motihari, District- East Champaran. .... .... Petitioner

Versus

1. The State of Bihar through the Collector, District- East Champaran.

2. The Circle Officer, Anchal Pakrdayal, District-East Champaran

3. The Superintendent of Police, District- East Champaran

4. The Officer-in-Charge, Pakridayal Police Station, District- East Champaran.

5. Sri Bhagwan Sah Son of Ramashish Sah,

6. Santosh Jha Son of Late Raghubansh Jha, Both are residents of Village- Sirha Tola, Sundarpati, P.S.- Pakridayal, District- East Champaran.

7. Hazi Maqsud Ali Ansari Son of Hazi Ramjan Ali Ansari, resident of Village- Parsa, P.S.- Pakridayal, District- East Champaran.

8. Sanjay Kumar Tiwary, Son of Ramanand Tiwary, resident of VillagePakridayal Dumarbana, District- East Champaran. .... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Dilip Kumar Tondon, Advocate For the State : Mr. Bivesh Kr. Sinha, A.C. to A.A.G. 2 ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 17-09-2015 Heard learned counsel for the petitioner and the State. The grievance of the petitioner is that the respondent nos.5 to 8 have encroached upon the part of his private land and after demolition they have constructed pathway. He seeks

Patna High Court CWJC No.3429 of 2015 (2) dt.17-09-2015 2 / 2 direction to the State authority to take action. In my view, this writ application is not maintainable as in case of a private dispute proper remedy would be to move before a competent forum including a civil court of competent jurisdiction.

Accordingly, this writ application is dismissed. (Dr. Ravi Ranjan, J) Sanjay-II/- U