Samsun Nesa v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5524 of 2019 ====================================================== Samsun Nesa Wife of Rajjak Miyan R/o Village-Rardaha Chilwania, P.S.- Bhitaha, Anchal-Bhitaha, District-West Champaran ... ... Petitioner

Versus

1.

The State of Bihar through Collector, West Champaran at Bettiah 2.

The Collector West Champaran at Bettiah 3.

The Sub-Divisional Officer, Bagaha District-West Champaran 4.

The Circle Officer, Bhitaha District-West Champaran 5.

Ahmad Miyan S/o Late Hazrat Miyan R/o Radaha Chilwania, P.S.-Bhitaha, District-West Champaran ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Aditya Nath Jha Mr.Randhir Kumar No.1 For the Respondent State:

Mrs. Archana Prasad AC to SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 29-03-2019 Petitioner seeks a direction to the respondents to remove the encroachment, said to have been made by the private respondents on part of a Government land, which, according to the petitioner, has been settled in her favour in 2004-05. It has also been stated in paragraph 5 that the private respondent has encroached upon the part of the land, which is used by her for passage.

The petitioner may be better advised to approach the competent authority for redressal of her grievance in accordance with law under appropriate provision, as this court cannot

Patna High Court CWJC No.5524 of 2019(3) dt.29-03-2019 2/2 adjudicate upon a dispute between two private persons touching possession and title in respect of the land in question, in a proceeding under Article 226 of the Constitution of India. This application is disposed of with the observation and liberty noted above.

(Chakradhari Sharan Singh, J) Pawan/- U