Rajo Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.646 of 2016 Arising out of 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. .... .... Appellant/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 Parishad, Ara.

7. The Superintendent of Police, Bhojpur, Ara.

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

For the Appellant/s : Mr. Anish Chandra Sinha, Advocate Mr. Krishna Murari Rawt, Advocate For Ara Mun.Corpn. : Mr. Bishwa Bibhuti Kumar Singh, Advocate =========================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE And HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date: 28-02-2017 The present Letters Patent Appeal is directed against an order passed by a learned Single Bench of this Court on 04.02.2016 whereby the writ application filed by the appellant was dismissed. The appellant claims to be purchaser of the property on which she has constructed boundary wall. But, according to the Municipality, the boundary wall is an encroachment on the public land.

Patna High Court LPA No.646 of 2016 dt.28-02-2017 2/2 The fact remains that the boundary wall stands demolished by the Municipality. In view of the demolition of boundary wall, the appropriate remedy of the appellant is before the Civil Court to seek adjudication of disputed question as to whether the land over which the boundary wall was raised is her own land or is a public land. Such disputed question cannot be adjudicated upon in a writ application, more so, when it will not be appropriate to order for restoration of boundary wall without having a firm finding whether there is encroachment over the public land or not. It shall be open to the appellant to seek her remedy before the appropriate forum in accordance with law. The Letters Patent Appeal is, thus, disposed of with the liberty aforesaid.

(Hemant Gupta, ACJ) (Sudhir Singh, J) S.Pandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 03.03.2017 Transmission Date